Entered  according  to  Act  of  Congress,  in  the  year  1865,  by 

LITTLE,  BROWN  AND  COMPANY, 
In  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts 


UNIVERSITY  PRESS:  WELCH,  BIGELOW,  &  Co., 

CAMBRIDGE. 


CONTENTS. 


PAGE 

BIOGRAPHICAL  INTRODUCTION       ....  v 

SPEECH  TO  THE  COLORED  MEN  OF  NASHVILLE, 

TENN xxxvii 

SPEECH  AT  WASHINGTON,  April  3,  1865       .        .        xliii 

SPEECH  AT  HIS  INAUGURATION  AS  PRESIDENT, 

April  15,  1865 xlviii 

ON  THE  VETO-POWER,  delivered  in  the  House  of 
Representatives  of  the  United  States,  August 
2,  1848  ........  1 

ON  THE  HOMESTEAD  BILL,  delivered  in  the  Senate 

of  the  United  States,  May  20,  1858  .  .  12 

ON  THE  CONSTITUTIONALITY  AND  RIGHTFULNESS 
OF  SECESSION,  delivered  in  the  Senate,  De 
cember  18  and  19,  1860  ....  77 

ON  THE  STATE  OF  THE  UNION,  delivered  in  the 

Senate,  February  5  and  6,  1861  .  .  .  176 

REPLY  TO  SENATOR  LANE  OF  OREGON,  delivered 

in  the  Senate,  March  2,  1861  .  .  .  290"* 

SPEECH  AT  CINCINNATI,  OHIO,  June  20,  1861      .        316 

ON  THE  WAR  FOR  THE  UNION,  delivered  in  the 

Senate,  July  27,  1861  ....  328- 


IV  CONTENTS. 

PAGE 

ON  THE  PROPOSED  EXPULSION  OF  ME.  JESSE  D. 

BRIGHT,  January  31,  1862  ....  405 
APPEAL  TO  THE  PEOPLE  OF  TENNESSEE,  March 

18,  1862 451 

INAUGURAL  ADDRESS,  delivered  in  the  Senate  of 

the  United  States,  March  4,  1865  .  .  457 
JOINT  RESOLUTION  PROPOSING  AMENDMENTS  TO 

THE  CONSTITUTION  OF  THE  UNITED  STATES  461 
REPLY  TO  THE  ILLINOIS  DELEGATION,  April  18, 

1865 468 

REPLY  TO  THE  BRITISH  AMBASSADOR  .  .  473 
SPEECH  TO  THE  DIPLOMATIC  CORPS  .  .  .  476 
ADDRESS  TO  LOYAL  SOUTHERNERS  .  .  .  477 
SPEECH  TO  THE  INDIANA  DELEGATION  481 


BIOGRAPHICAL  INTRODUCTION. 


ANDREW  JOHNSON  was  born  on  the  29th  day 
of  December,  _1808,  at  JR,aieigh,  North  Carolina. 
While  yet  in  his  fifth  year71iis~  fatTJer"  TosT*^mife 
through  generous  and  successful  efforts  to  save 
Col.  Thomas  Henderson,  editor  of  tlie  ~"  Raleigh 
Gazette,"  from  drowning,  leaving  his  wife  and  son 
dependent  upon  themselves  for  future  support.  The 
untoward  event  of  his  father's  death  prevented  the 
lad  from  receiving  even  an  ordinary  education,  and, 
at  the  age  of  ten  years,  he  was  apprenticecTto  a  tailor 
in  his  native  town.  Devoting  himself  steadily  and 
earnestly  to  his  new  occupation,  he  thus  began  life 
by  a  struggle  with  its  daily  duties,  brightened  by 
probable  visions  of  the  future,  but  into  which 
dreams  the  possibility  of  an  attainment  to  his  pres 
ent  position  presumed  not  to  enter. 

In. the  society  of  his  fellow-workmen  he  became 
conscious  of  his  great  ignorance,  and  was  possessed 
with  a  desire  to  learn  to  read.  The  visits  to  the 
workshop  of  a  gentleman  who  lightened  the  hours 
of  toil  by  reading  to  the  workmen,  still  further 
aroused  the  ambition  of  the  young  apprentice. 
The  volume  thus  read,  (a  collection  of  speeches  by 

a* 


vi  BIOGEAPHICAL  INTRODUCTION. 

British  statesmen,)  sowed  in  his  mind  a  germ  which 
in  after-years  was  developed  in  the  legislative  halls. 
He  devoted  the  hours  after  his  day's  work  was  done 
to  mastering  the  alphabet,  and  then  asked  the  loan 
of  the  volume  that  he  might  learn  to  spell.  The 
gentleman,  pleased  at  his  earnestness  and  appreciat 
ing  his  ambition,  presented  to  him  the  book,  and 
otherwise  assisted  him  in  his  studies.  Through  in 
dustry  and  patience,  aided  by  a  strong  determina 
tion  to  overcome  all  obstacles,  success  crowned  his 
efforts,  and  books  were  no  longer  sealed  volumes 
to  his  youthful  mind. 

At  the  expiration  of  his  apprenticeship  in  1824, 
he  went  to  Laurens  Court  House,  S.  C.,  where  he 
worked  as  journeyman  tailor  until  May,  1826,  when 
he  returned  to  Raleigh.  There  he  remained  until 
September  of  the  same  year,  when  with  his  mother 
he  removed  to  Greenville,  a  small  town  in  Eastern 
Tennessee,  at  which  place  he  succeeded  in  obtaining 
work.  Soon  jafter  his  settlement  in  Greenville,  he 
married  a  young  woman  whose  attainments  and  de 
votion  exerted  a  marked  and  beneficial  influence  on 
his  future  life.  Sharing  in  the  desires  of  her  hus 
band  to  acquire  knowledge,  and  in  his  ambition  to 
rise  to  distinction,  she  read  to  him  and  instructed 
him  by  her  conversation  as  he  plied  the  needle  on 
his  work-bench,  thus  lightening  his  labor  by  her 
presence  and  encouragement.  At  night  the  instruc 
tions  of  the  day  were  continued  by  lessons  in  writing 
and  arithmetic.  Actuated  by  the  highest  motives, 


BIOGRAPHICAL  INTRODUCTION.  vii 

his  efforts  seconded  by  unflagging  perseverance  and 
an  indomitable  will,  he  proved  an  attentive  student 
and  a  good  scholar,  and  his  estimable  wife  realized 
the  first-fruits  of  her  teachings  in  his  growing  pop 
ularity  with  the  workingmen  of  the  town  in  which 
they  lived. 

Thinking  to  improve  his  fortunes  he  left  Green 
ville  and  moved  further  West,  but  after  an  absence 
of  about  a  year,  he  returned  with  his  wife  to  his 
former  home,  where  he  permanently  settled.  Self- 
reliance  and  energy  were  early  developed  in  his 
character,  while  the  method  of  his  education  sharp 
ened  and  improved  his  reasoning  faculties.  The 
broad  and  comprehensive  views  of  the  more  liberal 
British  statesmen,  implanted  in  his  mind  by  the 
readings  in  the  old  workshop,  took  deep  root ;  and 
in  his  further  studies,  the  principle  of  Republican 
government  —  the  fact  that  it  is  a  government  of 
the  people,  by  the  people,  and  for  the  people  —  be 
came  the  centre  around  which  clustered  all  his 
thoughts,  hopes,  and  aspirations. 

He  saw  that  the  aristocracy  of  the  town,  who 
were  supported  by  slave  labor,  despised  the  white 
man  who  maintained  himself  and  family  by  his  own 
exertions ;  that  capital,  represented  by  the  few,  was 
to  rule,  and  not  the  intelligence  of  the  many  who 
earned  their  bread  by  their  daily  toil.  This  was 
contrary  to  all  his  preconceived  ideas,  and  he  de 
voted  himself  heart  and  soul  to  the  correction  of  the 
fallacy.  By  his  appeals  to  the  laboring  classes  he 


Vlii  BIOGRAPHICAL  INTRODUCTION. 

aroused  them  to  assert  their  right  to  representation 
in  the  town  councils,  and,  in  1828,  the  young  tailor 
was  chosen  as  Alderman,  which  position  he  held  un 
til  1830.  In  this  latter  year  he  was  elected  Mayor, 
and  served  in  that  capacity  for  the  three  succeeding 
years.  He  was  also  appointed  Trustee  of  Rhea 
Academy  by  the  County  Court.  In  1834  he  in 
terested  himself  successfully  in  the  adoption  of  a 
new  constitution  for  Tennessee,  hy  which  impor 
tant  rights  were  guaranteed  to  the  mass  of  the  peo 
ple,  the  freedom  of  the  press  established,  and  other 
liberal  measures  adopted. 

Andrew  Johnson  was  now  fairly^-^nli&tedr  in 
public  life.  Identified  with  the  interests  of  the 
working  classes,  he  devoted  himself  earnestly  to 
improving  their  condition,  to  raising  them  from 
the  position  to  which  the  aristocrats  had  doomed 
them,  to  the  independence  and  dignity  of  freemen. 
His  zeal  in  their  behalf  secured  for  him  their  uni 
versal  esteem  ;  they  looked  to  him  as  their  friend 
and  champion,  and  were  ever  willing  to  advance  his 
interests  by  their  hearty  support  and  by  their  votes. 
Consequently,  in  1835,  having  proved  himself  in 
every  way  worthy~oFTheir  suffrage,  he  was  elected 
a  member  of  the  House  of  Representatives  of  the 
State  for  the  counties  of  Greene  and  Washington. 
He  became  an  active  member  of  this  body,  but  was 
particularly  noted  for  his  opposition  to  a  grand 
scheme  of  internal  improvements,  which  he  boldly 
denounced  as  a  base  fraud  tending  to  impoverish 


BIOGRAPHICAL   INTRODUCTION.  ix 

the  State  treasury  and  increase  State  taxation.  This 
course  rendered  him  unpopular  at  the  time,  and  at 
the  election  in  183T  his  place  was  filled  by  another 
representative.  Time  placed  him  right  on  the  rec 
ord,  however.  The  scheme  he  had  opposed  proved, 
as  he  had  predicted,  a  useless  burden  on  the  peo 
ple,  and  in  1839  he  was  again  returned  to  the 
Legislature. 

During  the  Presidential  contest  of  1840,  between 
Harrison  and  Van  Buren,  Mr.  Johnson,  in  the  ca 
pacity  of  Presidential  Elector,  canvassed  the  State 
in  behalf  of  the  latter  candidate.  He  has  been 
described  as  "  an  effective  stump-speaker.  His  voice 
at  first  appears  to  be  whining,  but  as  he  warms  with 
his  subject  seems  to  entwine  itself  around  the  hearts 
of  his  followers  and  holds  them  spellbound." 

In  1841  he  was  elected  State  Senator  from  Haw- 
kins  and  Greene  counties^nd  during  the  two  ensu 
ing  years  labored  efficiently  for  the  improvement  of 
Eastern  Tennessee.  In  the  Senate,  as  in  the  lower 
branch  of  the  Legislature,  he  proved  a  useful  and 
active  member.  He  was  not an  jornamentaLiegis- 
lator  or  hackney  politician,  but  an  earnest  and  able 
advocate  of  all  that  he  believed  to  be  rigftt ;  an 
open,  honest,  and  hearty^  denouncer  of  that  which 
lie  deemed  wrong. 

The  people,  recognizing  his  abilities,  respecting 
his  character,  and  appreciating  his  services,  deter 
mined  to  enlarge  his  sphere  of  usefulness,  and  in 
1843  he  was  nominated  for  Congress  from  the  First 


X  BIOGRAPHICAL  INTRODUCTION. 

District  of  Tennessee,  embracing  seven  counties.  He 
canvasse^TEe~3isfrict  with  his  opponent,  Col.  John 
A.  Asken,  a  popular  gentleman  of  prominence  and 
ability,  and  handsomely  defeated  him.  He  took  his 
seat  as  member  of  the  House  of  Representatives  at 
Washington,  in  December,  1843,  retaining  that  po 
sition  by  successive  elections  until  1853. 

The  State  having  been  redistricted  previous  to 
the  election  of  the  latter  year,  that  portion  in  which 
Mr.  Johnson  resided  was  so  allotted  as  to  place  him 
in  a  district  having  a  large  Whig  majority,  and  thus 
he  lost  his  seat  in  Congress.  Gustavus  A.  Henry, 
at  that  time  the  Whig  candidate  for  Governor,  was 
the  leading  spirit  in  this  movement,  and  Mr.  John 
son  determined  to  defeat  the  man  who  had  thus 
"  Gerrymandered,"  or,  as  he  called  it,  "  Henryman- 
dered "  him  out  of  Congress.  After  an  exciting 
canvass,  M r. Jo h ns on __ wag_j;h oggjl _(r n ve r n ( ) r ,  and 
again  in  1855  he  was  elected,  this  time  defeating 
one  of  the  ablest  Whigs  in  the  State,  Meredith  P. 
Gentry.  During  his  administration  of  the  guber 
natorial  duties,  which  he  performed  in  the  most  im 
partial  manner,  he  was^activaJn  iirging  upon  Con 
gress  the  Homestead  Bill,  and  exerted  his  influence 
for  the  spread  of  popular  education.  Under  his 
successive  regimes,  much  was  accomplished  for  the 
benefit  and  internal  improvement  of  Tennessee,  and 
the  sons  of  toil  still  found  in  him  a  zealous  defender 
of  their  rights  and  advocate  of  their  wants. 

In  the  year  1857  he  was  elected  by  the  Legisla- 


BIOGRAPHICAL   INTRO-DUCHON.  xi 


ture  of  Tennessee  United  States 

termjof_six  Jfears,  anT33 

that  office  until  the  spring  of  1862,   when  he  was 

appointed  Military  Governor  of  Tennessee.     Prior 

to  his  election  to  Congress,  his  public  services  had 

been  confined  to  the  limits  of  his  State,  but  from 

this  time  he  belongs  to  the  country. 

Andrew  Johnson  wus  emphatically  "  a  represent 
ative  of  the  people"  IJorii  of  the  people,  and  at 
an  early  age  "thrown  upon  his  own  resources,  he 
lived  and  grew  up  amongst  the  people,  becoming 
familiar  with  their  every-day  lives  and  deeds,  their 
opinions,  their  wrongs  and  their  asserted  rights, 
their  inmost  thoughts  and  their  highest  aspirations. 
Feeling  "  the  smart  of  the  want  of  a  proper  edu 
cation  while  young,"  but  proud  in  the  consciousness 
that  for  the  knowledge  he  possessed  he  was  in 
debted  solely  to  his  own  exertions,  he  stood  in  the 
legislative  halls,  —  Andrew  Johnson,  Tailor  and 
Statesman,  the  compeer  of  any  member  of  either 
house.  Modestly  assuming,  but  thoroughly  appre 
ciating  the  dignity  of  his  position,  he  never  permit 
ted  any  sneer  at  his  calling,  or  any  attempted  dis 
paragement  of  the  laboring  classes,  to  pass  unrebuked, 
and  we  find  him  breaking  lances  with  the  ablest 
debaters  in  Congress. 

"  Sir,  I  do  not  forget  that  I  am  a  mechanic.  I 
am  proud  to  own  it.  Neither  do  I  forget  that  Adam 
was  a  tailor,  and  sewed  fig-leaves,  or  that  our  Saviour 
was  the  son  of  a  carpenter." 


xii  BIOGRAPHICAL  INTRODUCTION. 

He  cordially  hated  aristocracy,  and  had  decided 
objections  to  gentlemen,  rearecT  in  affluence  and 
idleness,  arrogating  to  themselves  the  right  to  all 
the  knowledge  in  the  world.  When  Jefferson  Davis 
superciliously  asked,  "  What  do  you  mean  by  4  the 
laboring  classes  '  ?  "  Andrew  Johnson  answered, 
"  Those  who  earn  their  bread  by  the  sweat  of  their 
face,  and  not  by  fatiguing  their  ingenuity." 

A  true  Democrat,  he  was  a  firm  believer  hi  the 
sovereignty  of  the^people,  and  held  that  members  of 
the  loweTToIise^oTCohgress  were  next  in  power  to 
the  people.  Respecting  statesmen  and  hating  poli 
ticians,  he  claimed  that  upon  the  floor  of  the  House 
trie"  people  had  a  right  to  be  heard.  He  was 
thoroughly  imbued  with  the  idea  that  legislation 
was  for  the  many,  not  for  the  few ;  for  the  good  of 
the  whole  country,  and  not  for  the  benefit  of  any 
party. 

He  was  always  consistently  in  favor  of  retrench 
ment  in  governmental  expenses,  and  participated  in 
nearly  every  debate  upon  appropriation  bills,  or  acts 
requiring  the  expenditure  of  the  public  funds.  He 
opposed  the  Smithsonian  Institute,  on  the  ground 
that  it  would  be  a  burden  on  the  public  treas 
ury,  without  commensurate  good  results  ;  —  voted 
against  all  direct  appropriations  for  the  District  of 
Columbia,  arguing  that  any  city  in  the  United 
States  would  cheerfully  contribute  to  have  the  Na 
tional  Capital  removed  to  its  limits  ;  —  debated  all 
bills  to  increase  the  clerical  force  of  the  different 


BIOGRAPHICAL  INTRODUCTION.  xiii 

departments,  declaring  that  if  the  clerks  —  many  of 
whom  he  believed  to  be  political  vampires  doing  little 
or  nothing  for  government  during  six  hours  per  day, 
and  devoting  the  remainder  of  their  time  to  drink 
ing,  gaming,  and  abusing  honest  legislators  in  the 
newspapers  —  were  made  to  do  a  decent  day's  work 
there  would  be  no  necessity  for  such  increase  ;  — 
introduced  resolutions  to  reduce  the  salaries  of  mem 
bers  of  Congress,  and  all  officers  of  the  Government, 
civil,  military,  and  naval,  amounting  to  over  81000, 
twenty  per  cent.  ;  also  a  resolution  instructing  the 
Committee  on  Finance  to  investigate  and  report 
how  much  and  wherein  the  expenses  of  all  the 
departments  might  be  reduced  ;  —  opposed  all  appro 
priations  for  monuments  and  funeral  expenses,  and 
called  for  a  statement  of  the  items  in  the  bill  for 
funeral  expenses  of  a  distinguished  member  of  the 
House  ;  —  denied  the  right  of  members  to  vote  them 
selves  books,  &c.,  saying  they  "  might  just  as  well 
vote  to  increase  their  salaries  "  ;  —  and  refused  his 
assent  to  the  purchase  of  Mr.  Madison's  papers  and 
Washington's  Farewell  Address,  not  from  any  want 
of  respect  for  the  services  and  memory  of  either, 
but  from  his  dislike  to  "  speculations  and  jobs." 

He  was  the  true  and  honest  friend  of  the  poor, 
and   of  the   lahorjpg  ^lafil** 


gresj|_as  their  champion.  He  introduced  the  subject 
of  Homesteads  into  the  House  of  Representatives, 
and  carried  it  to  a  successful  issue  in  that  branch. 
He  also  brought  up  the  subject  in  the  Senate,  and 


xiv  BIOGRAPHICAL  INTRODUCTION. 

debated  it  at  great  length,  but  the  bill,  as  passed, 
was  vetoed  by  Mr.  Buchanan. 

Believing  that  the  burdens  of  the  Government 
should  be  borne  by  the  rich  and  not  by  the  poor,  he 
proposed  an  amendment  to  the  tariff  bill,  taxing 
capital  instead  of  labor.  He  also  opposed  the  tariff 
on  tea  and  sugar. 

He  had  no  faith  in  caucuses,  and  held  that  they 
gave  the  controlling  power  to  a  few  politicians,  and 
prevented  a  true  representation  of  the  people.  At 
different  times  he  offered  resolutions  to  amend  the 
Constitution  so  that  the  people  should  vote  directly 
for- President.  He  advocated  the  bill  to  refund  the 
fine  imposed  upon  Andrew  Jackson  by  Judge  Hall 
at  New  Orleans  (H.  R.,  January  8,  1844)  ;  was  in 
favor  of  the  Annexation .of  Texas  (H.  R.,  January 
21,  1845) ;  discussed  the  Oregon  question  asserting 
our  right  to  54°  40',  but  sustained  the  administration 
in  the  final  settlement  of  the  question  (H.  R.,  Jan 
uary  31,  1846)  ;  addressed  the  House  on  the  Mex 
ican  question,  in  support  of  the  administration,  De 
cember  15,  1846,  January  5",  1847,  and  August  2, 
1848 ;  delivered  an  able  argument  on  the  veto 
power  (H.  R.,  August  2,  1847) ;  opposed  the  bill 
establishing  the  Court  of  Claims  (H.  R.,  January 
6,  1849) ;  made  an,  earnest  plea  for  the -admissipn 
of  California  and  the  protection  of  slavery  (H.  R., 
June  5, 1850)  ;  debated  the  Mexican  indemnity  bill 
(H.  R.,  January  21,  28,  1852) ;  also  the  bill  for  right 
of  way  on  rail  and  plank  roads  (H.  R.,  July  20, 


BIOGRAPHICAL  INTRODUCTION.  XV 

1852)  ;  made  a  speech  on  frauds  in  the  Treasury 
Department  (H.  R.,  January  13,  1853),  and  an 
other  on  coinage  (H.  R.,  February  2,  1853). 

While  in  the  Senate,  in  addition  to  the  measures 
alluded  to  more  at  length  in  this  sketch,  he  opposed 
the  increase  of  the  regular  army  at  the  time  of  the 
Mormon  difficulties  (S.,  February  17,  18,  1857)  ; 
had  an  earnest  debate  with  Hon.  John  Bell,  his  col 
league,  on  the  Tennessee  resolutions  inviting  Bell 
to  resign  (S.,  February  23,  24,  1857)  ;  participated 
in  the  debate  on  the  admission  of  Minnesota  (S., 
April  6,  1858)  ;  opposed  the  Pacific  Railroad  bill, 
and  repudiated  the  idea  that  it  was  imposed  upon 
him  as  a  Democratic  measure  (S.,  January  25, 
1859)  ;  advocated  retrenchment  (S.,  January  4, 
and  February  12,  1859)  ;  and  warmly  defended 
Tennessee  (S.,  March  26,  1860). 

Born  and  reared  in  a  slave  State,  commencing 
and  continuing  his  public  career  in  another  slave 
State,  and  himself  the  owner  of  slaves  "  acquired 
by  the  toil  of  his  own  hands,"  he  accepted  slavery 
as  it  existed  and  where  it  existed.  Firm  in  the  be 
lief  that  the  agitation  of  the  subject  would  ultimately 
lead  to  the  abolition  of  slavery,  and  the  consequent 
dissolution  of  the  Union,  he  deprecated  its  introduc 
tion  into  the  debates  of  Congress,  and  was  amongst 
those  who  declared  against  the  right  to  petition  upon 
the  matter,  giving  his  reasons  therefor  in  a  speech 
delivered  January  31,  1844. 

He   was  not  an  advocate    of   the    extension   of 


xvi  BIOGRAPHICAL  INTRODUCTION. 

slavery,  and  was  willing  to  leave  the  inhabitants  of 
the  Territories  to  decide  whether  it  should  or  should 
not  exist  therein. 

"  My  position  is,  that  Congress  has  no  power  to  interfere 
with  the  subject  of  slavery;  that  it  is  an  institution  local  in  its 
character  and  peculiar  to  the  States  where  it  exists,  and  no 
other  power  has  the  right  to  control  it."  * 

Acting  under  these  convictions,  he  zealously  op 
posed  any  encroachments  upon  what  he  regarded 
as  the  rights  of  the  slave  States.  He  continued 
true  to  this  belief,  and  was  consistent  in  his  course 
to  the  very  last ;  and  in  the  stormy  scenes  in  the 
Senate  in  December,  1860,  we  find  him  demanding 
new  guaranties  for  the  perpetuity  of  slavery. 

But  it  required  the  fiery  ordeal  of  the  crisis  of 
1860  and  1861  to  develop  the  strong  points  in  his 
character,  and  to  reveal  his  sincere  love  for  and 
unswerving  integrity  to  the  Union.  In  those  dark 
and  terrible  days,  when  each  man  distrusted  his 
neighbor,  the  country  demanded  MEN,  —  men  with 
comprehension  to  grasp  the  great  question  of  the 
day,  —  men  with  foresight  to  discern  its  bearings 
upon  the  future, — men  of  strength,  "bold  to  take 
up,  firm  to  sustain  "  the  glorious  banner  of  a  Re 
public  of  States,  "  one  and  indivisible."  It  is  but 
stating  truth  to  say,  that,  amongst  the  many  who 
were  tried  in  the  crucible  of  those  terrible  hours, 
Andrew  -TrJincnn  paina  fprt}j  fl  gfrg^r.ion 
an  honest  patriot,  a  true  man. 

1  Speech  in  House  of  Representatives,  June  5,  1860. 


BIOGRAPHICAL   INTRODUCTION.  xvii 

An  ardent  admirer  of  Andrew  Jackson,  the  mem 
orable  Words  of  that  indomitable  patriot  —  "  The 
Union;  it  must  and  shall  be  preserved" — were 
indelibly  engraven  on  his  heart.  In  a  speech  de 
livered  in  the  House  of  Representatives,  December 
19,  1846,  in  support  of  the  policy  of  Mr.  Folk's 
administration  in  carrying  the  war  into  Mexico,  he 
had  said  :  — 

/-•  XSN 

"  I  am  in  favor  of  supporting  the  administration  in  this  ao&, 

because  I  believe  it  to  be  right.     But,  sir,  I  care  not  whether 
\right  or  wrong,  I  am  for  my  country  always" 

Thus  fortified,  with  the  Constitution  for  his  shield 
he  entered  upon  the  stormy  scenes  preceding  the 
rebellion.  In  December,  1859,  he  had  denounced 
the  John  Brown  raid  on  Harper's  Ferry,  and  said 
he  believed  it  to  be  the  legitimate  fruits  of  abolition 
teachings.  He  wished  to  have  its  leader  punished 
under  the  Constitution,  for  an  hostile  irruption  into 
a  sovereign  State.  In  1860  he  readily  acquiesced 
in  the  election,  under  the  same  Constitution,  of 
Abraham  Lincoln  to  the  Presidency,  and  feared 
none  of  the  phantoms  which  so  disturbed  the  imag 
ination  of  a  majority  of  the  Southern  Senators  and 
Representatives,  He  believed  in  conciliation,  andlh. 
view  of  the  increasing  excitement  at  the  South, 
thought  the  North  should  be  willing  to  give  some 
new  constitutional  guarantees  for  the  protection  of 
slavery,  and  introduced  resolutions  to  that  effect, 

December  13,  1860,  which    were   referred   to   the 

b* 


XVlii  BIOGRAPHICAL  INTRODUCTION. 

Select  Committee  of  Thirteen.  Five  days  later,  in 
a  powerful  speech,  he  denounced  secession,  and  de 
nied  the  right  of  any  State  to  withdraw  from  the 
Union.  He  appealed  to  the  Southern  Senators  to  re 
main  in  the  Union  and  "  fight  for  their  constitutional 
rights  on  the  battlements  of  the  Constitution."  He 
did  not  mean  to  be  driven  out  of  the  Union  ;  and  if 
anvbody  must  go  out,  it  must  be  those  who  had 
violated  the  Constitution  by  passing  personal  liberty 
bills  and  opposing  the  execution  of  the  fugitive  slave 
law.1  But  treason  had  already  begun  its  foul  work, 
and  he  soon  saw  that  the  South  in  its  madness 
would  not  listen  to  conciliation  or  compromise. 

Rising  above  sectional  prejudice,  and  freeing  him 
self  from  old  party  associations,  he  looked  beyond 
the  present,  and  meeting  the  issue  boldly,  declared 
for  the  Union  now  and  forever. 

In  the  speech  delivered  in  the  Senate,  February 
5th,  1861,  he  alludes  to  his  having  been  denounced 
for  his  speech  in  December,  but  says,  "  I  feel  proud. 
I  feel  that  I  have  struck  treason  a  blow  ;  "  and  adds, 
"  I  am  for  preserving  the  Union  ;  and  if  it  is  to  be 
done  on  constitutional  terms,  I  am  ready  to  stand  by 
any  and  every  man  without  asking  his  antecedents, 
or  fearing  what  may  take  place  hereafter." 

Thenceforward  Andrew  Johnson  was  to  be  found 
in  the  van,  boldly  fighting  for  the  Union,  and  ready, 
if  need  be,  to  lay  down  his  life  for  its  preservation. 

At  the  first  session  of  the   Thirty-seventh  Con- 

1  See  page  77,  Speeches. 


BIOGRAPHICAL  INTRODUCTION.  xix 

gress,  in  July  and  August,  1861,  he  presented  the 
credentials  of  the  Senators  from  West  Virginia, 
with  appropriate  remarks  ;  on  the  26th  of  July, 
1861,  he  introduced  a  resolution  defining  the  ob 
jects  of  the  war,  as  follows  :  — 

Resolved,  That  the  present  deplorable  civil  war  has  been 
forced  upon  the  country  by  the  disunionists  of  the  Southern 
States,  now  in  revolt  against  the  Constitutional  Government, 
and  in  arms  around  the  Capitol ;  that,  in  this  national  emer 
gency,  Congress,  banishing  all  feeling  of  mere  passion  or 
resentment,  will  recollect  only  its  duty  to  the  whole  country ; 
that  this  Avar  is  not  prosecuted  upon  our  part  in  any  spirit  of 
oppression,  nor  for  any  purpose  of  conquest  or  subjugation, 
nor  for  the  purpose  of  authorizing  or  interfering  with  the 
rights  or  established  institutions  of  those  States,  but  to  defend 
and  maintain  the  supremacy  of  the  Constitution  and  all  laws 
made  in  pursuance  thereof,  and  to  preserve  the  Union,  with 
all  the  dignity,  equality,  and  rights  of  the  several  States,  unim 
paired;  that  as  soon  as  these  objects  are  accomplished,  the 
war  ought  to  cease. 

This  was  passed,  after  a  long  debate,  by  a  vote 
of  thirty  to  five. 

On  the  27th  of  July  he  delivered  another  memo 
rable  speech,  in  which  he  arraigned  his  former  asso 
ciates  in  the  Senate  as  traitors,  and  by  unanswerable 
arguments  and  an  exhaustless  statement  of  facts, 
convicted  them  by  their  own  record.  In  his  remarks 
on  voting  for  the  tariff,  in  August,  he  argued  that 
it  was  no  time  to  discuss  details,  and  freely  voted 
for  the  bill  in  order  to  sustain  the  Government. 

On  the  31st  of  January,  1862,  he  made  an 
able  speech  on  the  comTuct  of  Senator r Bright,  and 


XX  BIOGRAPHICAL  INTRODUCTION. 

voted  for  the  expulsion  of  the  man,  who,  four  years 
before,  hacT  administeredlo  Mm  the  Senatorial  oath. 

Meanwhile,  affairs  in  the  Border  States  were 
becoming  more  and  more  complicated.  From  the 
outset  of  the  rebellion,  the  Secessionists  had  been 
rampant  in  Tennessee.  The  State  had  been  sold 
to  the  rebels  by  Governor  Harris  and  his  myrmi 
dons.  Mob  law  prevailed,  and  ruffians,  with  all  the 
malignity  of  hate  and  the  ferocity  of  brutes,  had  in 
augurated  a  reign  of  terror,  and  citizens  who  remained 
true  to  the  Union,  were  subjected  to  every  possible 
indignity  and  persecution.  This  had  been  carried 
so  far,  and  the  State  had  received  so  little  protec 
tion  and  assistance  from  the  General  Government, 
that  many  of  the  Unionists  had  become  submis- 
sionists  to  rebel  rule  for  the  sole  purpose  of  saving 
their  lives.  The  course  of  Senator  Johnson  in  Con 
gress,  in  1860,  had  entailed  upon  him  the  wrath  of 
the  leading  and  most  bitter  Secessionists.  In  De 
cember,  he  had  been  burned  in  effigy  at  Memphis ; 
and  on  his  return  to  Tennessee  in  April,  1861,  at 
the  close  of  the  session  of  Congress,  he  was  assailed 
at  various  places  along  his  route,  was  threatened 
with  lynching,  and  repeatedly  insulted  by  mobs  of 
infuriated  men.  A  price  was  set  upon  his  head,  and 
personal  violence  threatened  if  he  remained  in  the 
State. 

In  June,  1861,  while  on  his  way  to  Washington 
to  attend  the  special  session  of  Congress,  he  re 
ceived  an  ovation  from  the  loyal  citizens  of  Cincin- 


BIOGRAPHICAL  INTRODUCTION.  xxi 

nati,  and  in  an  able  speech,  defined  his  position, 
announcing  his  unalterable  determination  to  stand 

O 

by  the  Union.  While  in  Washington,  he  urged 
upon  the  President  and  Secretary  of  War  the  im 
portance  and  the  justice  of  aiding  and  protecting 
the  Unionists  of  East  Tennessee.  Returning  to  the 
West,  in  September,  he  addressed  Union  meetings 
at  Newport,  Ky.,  and  at  other  places,  and  devoted 
himself  zealously  to  arousing  those  Unionists  who 
had  fallen  into  or  been  forced  into  a  state  of  apathy 
by  the  aspect  of  war. 

Meanwhile  Kentucky  had  been  invaded,  and  the 
rebels  were  overrunning  Tennessee,  —  plundering, 
burning,  and  murdering.  In  the  Eastern  portion  of 
that  State,  they  confiscated  Mr.  Johnson's  slaves, 
went  to  his  home,  drove  his  sick  wife  with  her  child 
into  the  street,  and  turned  their  house,  built  by  his 
own  hands,  into  a  hospital  and  barracks. 

In  February,  1862,  General  Grant  entered  Ten 
nessee,  and  captured  Forts  Henry  and  Donelson. 
The  subsequent  advance  of  General  Buell's  forces 
compelled  the  withdrawal  of  the  main  body  of  the 
rebels  from  Western  and  Middle  Tennessee.  The 
larger  portion  of  the  State  having  been  thus  re 
covered  and  in  the  occupation  of  the  Federal  forces, 
President  Lincoln  appointed  Andrew  Johnson  Mili 
tary  Governor,  with  the  rank  of  Brigadier-General 
of  Volunteers.  This  appointment  was  confirmed 
by  the  Senate,  March  5th,  and  Governor  Johnson 
left  his  seat  in  that  body  to  enter  upon  the  duties 
of  his  new  position. 


Xxii  BIOGRAPHICAL  INTRODUCTION. 

It  is  difficult  to  conceive  of  a  more  fitting  appoint 
ment  than  this.  On  the  floor  of  the  Senate,  amidst 
the  mountains  of  East  Tennessee,  and  in  the  cities 
and  towns  of  the  State,  he  had  openly  denounced 
treason  and  boldly  proclaimed  that  traitors  should 
be  hung.  He  had  borne  many  personal  indigni 
ties,  had  been  outlawed  by  outlaws  who  had  set 
a  price  on  his  head,  his  family  had  been  merci 
lessly  persecuted,  and  his  friends  and  neighbors  had 
been  driven  from  their  homes.  Neither  threats  nor 
bullets  could  intimidate  him.  Fearless  but  just,  reso 
lute  but  compassionate,  he  was  the  man  of  all  men 
to  "  rule  with  a  rod  of  iron  "  over  traitors,  to  bring 
order  out  of  anarchy,  and  to  restore  confidence  where 
fear  had  had  sway.  Governor  Johnson  reached 
Nashville  on  the  12th  of  March,  in  company  with 
Horace  Maynard,  Emerson  Etheredge,  and  others 
who  had  been  political  exiles.  He  was  enthusiasti 
cally  received  by  the  long  suffering  Unionists,  and,  in 
response  to  a  serenade,  addressed  the  assemblage, 
setting  forth  the  views  of  the  administration  and 
shadowing  his  purposed  policy.  From  his  long  and 
thorough  acquaintance  with  Tennesseans,  he  knew 
the  men  with  whom  he  had  to  deal.  In  a  few  days 
he  published  an  "  Appeal  to  the  People,"  in  which 
the  subjects  of  secession,  the  state  of  affairs  which 
then  existed,  and  the  promise  of  the  future,  were 
treated  in  a  clear  and  comprehensive  manner. 
This  paper  will  be  found  in  full  in  the  following 
pages.  Later  in  March,  Governor  Johnson  ordered 


BIOGRAPHICAL  INTRODUCTION.  xxiii 

the  Mayor  and  City  Council  of  Nashville  to  take  the 
oath  of  allegiance.  Upon  their  declining  so  to  do, 
their  places  were  declared  vacant,  other  officials 
were  appointed,  and  they  were  subsequently  incar 
cerated  in  the  penitentiary.  The  press  throughout 
the  State  was  placed  under  proper  supervision,  and 
it  was  soon  understood  that  spoken  or  written  trea 
son  would  subject  the  offenders  to  justice.  In  April 
the  editor  of  the  u Nashville  Banner"  was  arrested 
and  his  paper  suppressed.  Judge  Guild,  of  the 
Chancery  Court,  was  also  imprisoned  on  a  charge 
of  treason. 

On  the  12th  of  May  an  important  convention 
was  held  at  Nashville,  to  consider  the  subject  of 
the  restoration  of  the  State  to  the  Union.  The 
meeting  was  numerously  attended  by  citizens  from 
all  parts  of  the  State,  and  Governor  Johnson  made 
one  of  his  impassioned  and  characteristic  addresses. 
The  Unionists  continuing  to  suffer  from  the  depre 
dations  of  guerrillas,  Governor  Johnson  issued  the 
following  proclamation  :  — 

EXECUTIVE  OFFICE,  NASHVILLE,  TENN.,  ) 
May  9,  1862.      } 

Whereas,  Certain  persons,  unfriendly  and  hostile  to  the 
Government  of  the  United  States,  have  banded  themselves 
together,  and  are  now  going  at  large  through  many  of  the 
counties  of  this  State,  arresting,  maltreating,  and  plundering 
Union  citizens  wherever  found  : 

Now  therefore,  I,  Andrew  Johnson,  Governor  of  the  State 
of  Tennessee,  by  virtue  of  the  power  and  authority  in  me 
vested,  do  hereby  proclaim  that  in  every  instance  in  which  a 
Union  man  is  arrested  and  maltreated  by  the  marauding  bauds 


BIOGRAPHICAL  INTRODUCTION. 

aforesaid,  five  or  more  rebels,  from  the  most  prominent  in  the 
immediate  neighborhood,  shall  be  arrested,  imprisoned,  and 
otherwise  dealt  with  as  the  nature  of  the  case  may  require  ; 
and  further,  in  all  cases  where  the  property  of  citizens  loyal  to 
the  Government  of  the  United  States  is  taken  or  destroyed, 
full  and  ample  remuneration  shall  be  made  to  them  out  of  the 
property  of  such  rebels  in  the  vicinity  as  have  sympathized 
with,  and  given  aid,  comfort,  information,  or  encouragement  to 
the  parties  committing  such  depredations. 

This  order  will  be  executed  in  letter  and  spirit.  All  citizens 
are  hereby  warned,  under  heavy  penalties,  from  entertaining, 
receiving,  or  encouraging  such  persons  so  banded  together,  or 
in  any  wise  connected  therewith. 

By  the  Governor:  ANDREW  JOHNSON. 

EDWARD  H.  EAST, 

Secretary  of  State. 

An  election  for  judge  of  the  Circuit  Court  of 
Nashville  having  been  ordered,  Turner  S.  Foster,  a 
well-known  Secessionist,  was  chosen.  The  Gov 
ernor,  too  much  of  a  law-abiding  citizen  to  ignore  an 
election  ordered  by  himself,  gave  Foster  his  com 
mission  as  judge  ;  but  fearing  that  he  might  abuse 
the  power  thus  vested  in  him,  ordered  his  arrest 
and  sent  him  to  the  penitentiary  on  the  same  day. 
Early  in  June  he  issued  an  order  that  all  persons 
guilty  of  uttering  disloyal  sentiments  who  should 
refuse  to  take  the  oath,  and  give  bonds  in  §1000 
for  their  future  good  behavior,  should  be  sent  South, 
and  be  treated  as  spies  if  again  found  within  the 
Federal  lines.  During  this  month  Union  meetings 
were  held  in  various  districts  of  the  State,  at  all 
of  which  Governor  Johnson  appeared  and  took  an 
active  part. 


BIOGRAPHICAL  INTRODUCTION.  XXV 

Later  in  the  same  month  six  prominent  clergy 
men  of  Nashville,  who  not  only  entertained  treason 
able  sentiments  but  boldly  preached  them  from  their 
pulpits,  were  summoned  before  the  Governor,  and 
desired  to  take  the  oath.  They  requested  five  days 
to  decide  as  to  their,  course,  which  request  was 
granted.  At  the  expiration  of  that  time  they  de 
clined  to  "  turn  from  the  error  of  their  ways," 
whereupon  five  of  them  were  sent  to  prison,  and 
the  sixth,  on  account  of  illness,  paroled. 

The  next  four  months  proved  a  dark  and  peril 
ous  period  for  the  citizens  of  Nashville  and  the 
safety  of  the  Provisional  Government.  In  addi 
tion  to  the  guerrillas  under  Forrest,  which  had  in 
fested  the  State,  the  confederate  forces  under  Kirby 
Smith,  Anderson,  Marshall,  and  Bragg,  moved 
northward  through  Tennessee,  to  invade  Kentucky. 
At  different  times  Nashville  was  wholly  isolated,  its 
communications  cut  off  in  every  direction,  and  the 
city  in  a  state  of  siege.  Provisions  became  scarce, 
and  prices  ruled  enormously  high  ;  the  laws  were 
with  difficulty  enforced,  and  much  suffering  pre 
vailed.  Through  all  these  trying  times  Governor 
Johnson  remained  hopeful  and  self-reliant,  inspiring 
confidence  in  all  around  him,  and  reviving  courage 
by  his  calmness  and  determination.  Among  the 
inhabitants  of  Nashville  were  many  whose  fathers, 
husbands,  brothers,  and  sons  were  in  arms  against 
the  Government,  leaving  their  families  to  be  cared 
for  by  the  authorities.  To  remedy  this,  Governor 


XXvi  BIOGRAPHICAL  INTRODUCTION. 

Johnson  addressed  the  following  circular  to  such  of 
the  avowed  Secessionists  of  the  city  as  were  able 
pecuniarily  to  respond  :  — 

STATE  OF  TENNESSEE,  EXECUTIVE  DEPAKTMENT,  ) 
Nashville,  August  18,  1862.  ) 

SIR,  —  There  are  many  wives  and  helpless  children  in  the 
city  of  Nashville  and  county  of  Davidson,  who  have  been  re 
duced  to  poverty  and  wretchedness  in  consequence  of  their 
husbands  and  fathers  having  been  forced  into  the  armies  of 
this  unholy  and  nefarious  rebellion.  Their  necessities  have 
become  so  manifest,  and  their  demands  for  the  necessaries  of 
life  so  urgent,  that  the  laws  of  justice  and  humanity  would  be 
violated  unless  something  was  done  to  relieve  their  suffering 
and  destitute  condition. 

You  are  therefore  requested  to  contribute  the  sum  of 
dollars,  which  you  will  pay  over  within  the  next  five  days  to 
James  Whitworth,  Esq.,  Judge  of  the  County  Court,  to  be  by 
him  distributed  among  these  destitute  families  in  such  manner 
as  may  be  prescribed. 

Respectfully,  &c. 

ANDKEW  JOHNSON, 

Attest :  Military  Governor. 

EDWARD  H.  EAST, 
Secretary  of  State. 

The  amounts  so  assessed  varied  from  fifty  to  three 
hundred  dollars. 

In  September  General  Buell  evacuated  his  posi 
tion  in  Southern  Tennessee,  falling  back  on  Nash 
ville,  and  then  proposed  to  abandon  that  city. 
Governor  Johnson  earnestly  protested  against  such 
a  course,  asserting  that  the  city  should  be  defended 
to  the  last  extremity,  and  then  destroyed  to  prevent 
its  falling  into  the  hands  of  the  enemy.  He  was 


BIOGRAPHICAL  INTRODUCTION.  xxvii 

so  disgusted  with  General  Buell's  movements  that 
he  addressed  a  letter  to  President  Lincoln  on  the 
subject,  and  recommended  his  removal.  General 
Thomas,  who  was  placed  in  command  of  the  city, 
heartily  seconded  Governor  Johnson's  determination, 
and  the  city  was  strongly  fortified.  Afterwards 
General  Negley  was  assigned  to  the  command,  and 
under  him  the  more  important  operations  were  con 
ducted.  Governor  Johnson  encouraged  and  aided 

O 

General  Negley  in  all  his  operations,  and  was  active 
throughout  the  siege.  He  had  no  thought  of 
retreating  or  of  surrendering.  "I  am  no  military 
man,"  he  said  ;  "  but  any  one  who  talks  of  surren 
dering,  I  will  shoot." 

After  several  attacks  upon  the  city  which  were 
gallantly  repulsed  by  General  Negley,  the  rebels 
were  forced  to  retire,  as  General  Rosecrans,  who 
had  relieved  General  Buell,  was  advancing  from  the 
direction  of  Bowling  Green.  Early  in  November 
the  forces  under  command  of  the  latter  General 
entered  the  city,  and  found  its  defenders  on  half 
rations,  but  brave  and  determined  still.  In  October 
Governor  Johnson's  family  rejoined  him,  after  a 
series  of  perilous  adventures  on  their  journey  from 
Bristol,  in  the  northeastern  part  of  the  State. 

During  the  same  month  President  Lincoln  rec 
ommended  an  election  for  members  of  Congress  in 
several  districts  in  Tennessee,  but  the  military  opera 
tions  then  in  progress  prevented  the  accomplish 
ment  of  this  design  until  December,  \vhen  Governor 


XXVlii  BIOGRAPHICAL  INTRODUCTION. 

Johnson  issued  a  proclamation  for  elections  in  the 
Ninth  and  Tenth  Districts.  He  had  from  the  first 
opposed  the  idea  of  allowing  rebel  sympathizers  to 
vote  on  any  of  the  acts  necessary  to  the  restora 
tion  of  the  State,  and  closed  his  proclamation  thus: 
*'  No  person  will  be  considered  an  elector  qualified 
to  vote,  who,  in  addition  to  the  other  qualifications 
required  by  law,  does  not  give  satisfactory  evidence 
to  the  judges  holding  the  election  of  his  loyalty  to 
the  Government  of  the  United  States." 

On  the  13th  of  December  Governor  Johnson 
issued  an  order  nearly  identical  with  his  circular  of 
August  18,  assessing  the  property  of  the  Secession 
ists  to  the  amount  of  sixty  thousand  dollars,  for  the 
support  of  the  poor,  the  widows,  and  the  orphans, 
made  so  by  the  war. 

In  the  spring  of  1863,  and  again  in  the  fall,  he 
visited  Washington,  to  confer  with  President  Lin 
coln  on  the  restoration  of  Tennessee  to  the  Union. 
The  military  operations  during  the  year  succeeded 
in  freeing  the  State  of  all  organized  bodies  of  rebels, 
and  it  was  thought  the  time  had  arrived  for  the  ful- 

O 

filment  of  their  hopes.  Conventions  were  held  at 
different  places  in  the  State,  at  which  Governor 
Johnson  and  other  leading  men  spoke  in  reference 
to  the  all-absorbing  topic.  The  people,  who  had  so 
long  been  subject  to  the  tyranny  of  rebel  thieves  and 
murderers,  were  overjoyed  at  their  deliverance,  but 
needed  instruction  as  to  the  method  to  be  used  for 
the  accomplishment  of  the  great  and  good  work. 


BIOGRAPHICAL  INTRODUCTION.  XXIX 

Governor  Johnson  pithily  and  tersely  stated  the  case 
as  follows  :  — 

"  Tennessee  is  not  out  of  the  Union,  never  has  been,  and 
never  will  be  out.  The  bonds  of  the  Constitution  and  the 
Federal  power  will  always  prevent  that.  This  Government 
is  perpetual ;  provision  is  made  for  reforming  the  Government 
and  amending  the  Constitution,  and  admitting  States  into  the 
Union  ;  not  for  letting  them  out  of  it. 

"  Where  are  we  now  ?  There  is  a  rebellion  ;  this  was  antic 
ipated,  as  I  said.  The  rebel  army  is  driven  back.  Here  lies 
your  State ;  a  sick  man  in  his  bed,  emaciated  and  exhausted, 
paralyzed  in  all  his  powers,  and  unable  to  walk  alone.  The 
physician  conies.  Don't  quarrel  about  antecedents,  but  admin 
ister  to  his  wants,  and  cure  him  as  quickly  as  possible.  The 
United  States  sends  an  agent,  or  a  military  governor,  which 
ever  you  please  to  call  him,  to  aid  you  in  restoring  your  Gov 
ernment.  Whenever  you  desire,  in  good  faith,  to  restore  civil 
authority,  you  can  do  so,  and  a  proclamation  for  an  election 
will  be  issued  as  speedily  as  it  is  practicable  to  hold  one.  One 
by  one  all  the  agencies  of  your  State  Government  will  be  set 
in  motion.  A  legislature  will  be  elected ;  judges  will  be  ap 
pointed  temporarily,  until  you  can  elect  them  at  the  polls ;  and 
so  of  sheriffs,  county  court  judges,  justices,  and  other  officers, 
until  the  way  is  fairly  open  for  the  people,  and  all  the  parts 
of  civil  government  resume  their  ordinary  functions.  This  is 
no  nice,  intricate,  metaphysical  question.  It  is  a  plain,  com 
mon-sense  matter,  and  there  is  nothing  in  the  way  but  obsti 
nacy." 

On  the  8th  and  21st  of  Januar^l864,  Governor 
Johnson  addressed  meetings  at  Nashville,  and  on  the 
26th  of  the  same  month  issued  a  proclamation  for 
a  State  election.  April  12th  he  addressed  the  peo- 


XXX  BIOGRAPHICAL  INTRODUCTION'. 

pie  of  Tennessee,  at  Knoxville,  and  again  on  the 
16th  of  the  same  month,  at  which  latter  time  the 
citizens  of  the  State,  in  mass  meeting  assembled, 
declared  in  favor  of  emancipation,  and  for  a  con 
vention  to  alter  the  Constitution  so  as  to  make  Ten 
nessee  a  free  State. 

On  the  6th  of  June  Governor  Johnson  was  unani 
mously  nominated  by  the  National  Union  Conven 
tion,  assembled  "at  Baltimore,  as  the  candidate  for 
the~Vice-P residency  of  the  United  States,  Abraham 
Lincoln  having  been  renominated  for  the  Presi 
dency.  When  this  intelligence  reached  Nashville, 
a  mass  meeting  was  held,  and  Governor  Johnson 
invited  to  address  them.  He  was  greeted  with  the 
greatest  enthusiasm.  In  the  course  of  his  remarks 
he  spoke  upon  the  topics  of  slavery  and  emancipa 
tion.  Alluding  to  the  nation  as  being  "  in  the 
throes  of  a  mighty  revolution,"  he  said :  — 

"  While  society  is  in  this  disordered  state,  and  we  are  seek 
ing  security,  let  us  fix  the  foundations  of  the  Government  on 
principles  of  eternal  justice,  which  will  endure  for  all  time. 
There  are  those  in  our  midst  who  are  for  perpetuating  the 
institution  of  slavery.  Let  me  say  to  you,  Tennesseans,  and 
men  from  the  Northern  States,  that  slavery  is  dead.  It  was 
not  murdered  by  me.  I  told  you  long  ago  what  the  result 
would  be,  if  you  endeavored  to  go  out  of  the  Union  to  save 
slavery,  and  that  the  result  would  be  bloodshed,  rapine,  devas 
tated  fields,  plundered  villages  and  cities ;  and  therefore  I 
urged  you  to  remain  in  the  Union.  In  trying  to  save  slavery 
you  killed  it,  and  lost  your  own  freedom.  Your  slavery  is 
dead,  but  I  did  not  murder  it.  As  Macbeth  said  to  Banquo's 
bloody  ghost,  — 


BIOGRAPHICAL   INTRODUCTION.  XXXI 

'  Never  shake  thy  gory  locks  at  me, 
Thou  canst  not  say  I  did  it.' 

*'  Slavery  is  dead,  and  you  must  pardon  me  if  I  do  not 
mourn  over  its  dead  body  ;  you  can  bury  it  out  of  sight.  In 
restoring  the  State,  leave  out  that  disturbing  and  dangerous 
element,  and  use  only  those  parts  of  the  machinery  which  will 
move  in  harmony. 

"  Now,  in  regard  to  emancipation,  I  want  to  say  to  the 
blacks  that  liberty  means  liberty  to  work  and  enjoy  the  fruits 
of  your  labor.  Idleness  is  not  freedom.  I  desire  that  all  men 
shall  have  a  fair  start  and  an  equal  chance  in  the  race  of  life, 
and  let  him  succeed  who  has  the  most  merit.  This,  I  think, 
is  a  principle  of  Heaven.  I  am  for  emancipation  for  two  rea 
sons  :  first,  because  it  is  right  in  itself;  and.  second,  because 
in  the  emancipation  of  the  slaves  we  break  down  an  odious 
and  dangerous  aristocracy.  I  think  that  we  are  freeing  more 
whites  than  blacks  in  Tennessee.  I  want  to^pp  ^a^ry  br^- 
ken  up,  and  when  its  barriers  are  thrown  down.,  T  wa.pt  to  sfte 
industrious,  thrifty  emigrants  pouring  in  from  all  parts  of  the 
country." 

In  formally  accepting  the  nomination  of  the  Con 
vention,  Governor  Johnson  wrote  as  follows :  — 

"  NASHVILLE,  Tenn.,  July  2,  1864. 

"  HON.  WILLIAM  DEXNISON,  Cliairman,  and  others,  Committee  of  the 
National  Union  Convention: 

"  GENTLEMEN",  —  Your  communication  of  the  9th  ult,  in 
forming  me  of  my  nomination  for  the  Vice-Presidency  of  the 
United  States  by  the  National  Convention  held  at  Baltimore, 
and  enclosing  a  copy  of  the  resolutions  adopted  by  that  body, 
was  not  received  until  the  25th  ult. 

"A  reply  on  my  part  had  been  previously  made  to  the  action 
of  the  Convention  in  presenting  my  name,  in  a  speech  deliv 
ered  in  this  city  on  the  evening  succeeding  the  day  of  the 
adjournment  of  the  Convention,  in  which  1  indicated  my  ac- 


xxxii  BIOGRAPHICAL  INTRODUCTION". 

ceptance  of  the  distinguished  honor  conferred  by  that  body, 
and  defined  the  grounds  upon  which  that  acceptance  wag 
based,  substantially  saying  what  I  now  have  to  say.  From 
the  comments  made  upon  that  speech  by  the  various  presses 
of  the  country  to  which  my  attention  has  been  directed,  I 
considered  it  to  be  regarded  as  a  full  acceptance. 

"  In  view,  however,  of  the  desire  expressed  in  your  commu 
nication,  I  will  more  fully  allude  to  a  few  points  that  have  been 
heretofore  presented. 

"My  opinions  on  the  leading  questions  at  present  agitating 
and  distracting  the  public  mind,  and  especially  in  reference  to 
the  rebellion  now  being  waged  against  the  Government  and 
authority  of  the  United  States,  I  presume  are  generally  under 
stood.  Before  the  Southern  people  assumed  a  belligerent  at 
titude,  (and  repeatedly  since,)  I  took  occasion  most  frankly  to 
declare  the  views  I  then  entertained  in  relation  to  the  wicked 
purposes  of  the  Southern  politicians.  They  have  since  under 
gone  but  little,  if  any,  change.  Time  and  subsequent  events 
have  rather  confirmed  than  diminished  my  confidence  in  their 
correctness. 

"  At  the  beginning  of  this  great  struggle  I  entertained  the 
same  opinion  of  it  I  do  now,  and  in  my  place  in  the  Senate  I 
denounced  it  as  treason,  worthy  the  punishment  of  death,  and 
warned  the  Government  and  people  of  the  impending  danger. 
But  my  voice  was  not  heard  or  counsel  heeded  until  it  was 
too  late  to  avert  the  storm.  It  still  continued  to  gather  over 
us  without  molestation  from  the  authorities  at  Washington, 
until  at  length  it  broke  with  all  its  fury  upon  the  country. 
And  now,  if  we  would  save  the  Government  from  being  over 
whelmed  by  it,  we  must  meet  it  in  the  true  spirit  of  patriot 
ism,  and  bring  traitors  to  the  punishment  due  their  crime,  and, 
by  force  of  arms,  crush  out  and  subdue  the  last  vestige  of 
rebel  authority  in  every  State.  I  felt  then,  as  now,  that  the 
destruction  of  the  Government  was  deliberately  determined 
upon  by  wicked  and  designing  conspirators,  whose  lives  and 
fortunes  were  pledged  to  carry  it  out ;  and  that  no  compro- 


BIOGRAPHICAL  INTRODUCTION,  xxxiii 

mise,  short  of  an  unconditional  recognition  of  the  independence 
of  the  Southern  States  could  have  been,  or  could  now  be  pro 
posed,  which  they  would  accept.  The  clamor  for  "  Southern 
Rights,"  as  the  rebel  journals  were  pleased  to  designate  their 
rallying  cry,  was  not  to  secure  their  assumed  rights  in  the  Union 
and  under  the  Constitution,  but  to  disrupt  the  Government,  and 
establish  an  independent  organization,  based  upon  Slavery, 
which  they  could  at  all  times  control. 

"  The  separation  of  the  Government  has  for  years  past  been 
the  cherished  purpose  of  the  Southern  leaders.  Baffled  in 
1832  by  the  stern,  patriotic  heroism  of  Andrew  Jackson,  they 
sullenly  acquiesced,  only  to  mature  their  diabolical  schemes, 
and  await  the  recurrence  of  a  more  favorable  opportunity  to 
execute  them.  Then  the  pretext  was  the  tariff,  and  Jackson, 
after  foiling  their  schemes  of  nullification  and  disunion,  with 
prophetic  perspicacity  warned  the  country  against  the  renewal 
of  their  efforts  to  dismember  the  Government. 

"  In  a  letter,  dated  May  1,  1833,  to  the  Rev.  A.  J.  Crawford, 
after  demonstrating  the  heartless  insincerity  of  the  Southern 
nullifiers,  he  said :  '  Therefore  the  tariff  was  only  a  pretext, 
and  disunion  and  a  Southern  Confederacy  the  real  object. 
The  next  pretext  will  be  the  negro,  or  Slavery  question.' 

u  Time  has  fully  verified  this  prediction,  and  we  have  now 
not  only  '  the  negro,  or  Slavery  question,'  as  the  pretext,  but 
the  real  cause  of  the  rebellion,  and  both  must  go  down  to 
gether.  It  is  vain  to  attempt  to  reconstruct  the  Union  with 
the  distracting  element  of  Slavery  in  it.  Experience  has  dem 
onstrated  its  incompatibility  with  free  and  republican  govern 
ments,  and  it  would  be  unwise  and  unjust  longer  to  continue 
it  as  one  of  the  institutions  of  the  country.  While  it  remained 
subordinate  to  the  Constitution  and  laws  of  the  United  States, 
I  yielded  to  it  my  support ;  but  when  it  became  rebellious,  and 
attempted  to  rise  above  the  Government,  and  control  its  action, 
I  threw  my  humble  influence  against  it. 

"The  authority  of  the  Government  is  supreme,  and  will  ad 
mit  of  no  rivalry.  No  institution  can  rise  above  it,  whether 


XXXIV  BIOGRAPHICAL  INTRODUCTION. 

it  be  Slavery  or  any  other  organized  power.  In  our  happy 
form  of  government  all  must  be  subordinate  to  the  will  of  the 
people,  when  reflected  through  the  Constitution  and  laws 
made  pursuant  thereto  —  State  or  Federal.  This  great  prin 
ciple  lies  at  the  foundation  of  every  government,  and  cannot 
be  disregarded  without  the  destruction  of  the  government 
itself.  In  the  support  and  practice  of  correct  principles  we 
can  never  reach  wrong  results ;  and  by  rigorously  adhering  to 
this  great  fundamental  truth,  the  end  will  be  the  preservation 
of  the  Union,  and  the  overthrow  of  an  institution  which  has 
made  war  upon,  and  attempted  the  destruction  of  the  Govern 
ment  itself. 

"  The  mode  by  which  this  great  change  —  the  emancipation 
of  the  slave  —  can  be  effected,  is  properly  found  in  the  power 
to  amend  the  Constitution  of  the  United  States.  This  plan 
is  effectual  and  of  no  doubtful  authority ;  and  while  it  does 
not  contravene  the  timely  exercise  of  the  war  power  by  the 
President  in  his  Emancipation  Proclamation,  it  comes  stamped 
with  the  authority  of  the  people  themselves,  acting  in  accord 
ance  with  the  written  rule  of  the  supreme  law  of  the  land,  and 
must  therefore  give  more  general  satisfaction  and  quietude  to 
the  distracted  public  mind. 

"  By  recurring  to  the  principles  contained  in  the  resolutions 
so  unanimously  adopted  by  the  Convention,  I  find  that  they 
substantially  accord  with  my  public  acts  and  opinions  hereto 
fore  made  known  and  expressed,  and  are  therefore  most  cordi 
ally  indorsed  and  approved,  and  the  nomination,  having  been 
conferred  without  any  solicitation  on  my  part,  is  with  the 
greater  pleasure  accepted. 

"  In  accepting  the  nomination  I  might  here  close,  but  I  cannot 
forego  the  opportunity  of  saying  to  my  old  friends  of  the  Demo 
cratic  party  proper,  with  whom  I  have  so  long  and  pleasantly 
been  associated,  that  the  hour  has  now  come  when  that  great 
party  can  justly  vindicate  its  devotion  to  true  Democratic 
policy  and  measures  of  expediency.  The  war  is  a  war  of 
great  principles.  It  involves  the  supremacy  and  life  of  the 


BIOGRAPHICAL  INTEODUC  TION.  XXXV 

Government  itself.  If  the  rebellion  triumphs,  free  government 
—  North  and  South  —  fails.  If,  on  the  other  hand,  the  Gov 
ernment  is  successful, — as  I  do  not  doubt, — its  destiny  is 
fixed,  its  basis  permanent  and  enduring,  and  its  career  of 
honor  and  glory  just  begun.  In  a  great  contest  like  this  for 
the  existence  of  free  government,  the  path  of  duty  is  patriot 
ism  and  principle.  Minor  considerations  and  questions  of 
administrative  policy  should  give  way  to  the  higher  duty  of 
first  preserving  the  Government ;  and  then  there  will  be  time 
enough  to  wrangle  over  the  men  and  measures  pertaining  to 
its  administration. 

"  This  is  not  the  hour  for  strife  and  division  among  ourselves. 
Such  differences  of  opinion  only  encourage  the  enemy,  pro 
long  the  war,  and  waste  the  country.  Unity  of  action  and 
concentration  of  power  should  be  our  watchword  and  rallying 
cry.  This  accomplished,  the  time  will  rapidly  approach  when 
their  armies  in  the  field  —  that  great  power  of  the  rebellion  — 
will  be  broken  and  crushed  by  our  gallant  officers  and  brave 
soldiers ;  and  ere  long  they  will  return  to  their  homes  and  fire 
sides  to  resume  again  the  avocations  of  peace,  with  the  proud 
consciousness  that  they  have  aided  in  the  noble  work  of  re 
establishing  upon  a  surer  and  more  permanent  basis  the  great 
temple  of  American  Freedom. 

"I  am,  gentlemen,  with  sentiments  of  high  regard, 
"  Yours,  truly, 

"ANDREW   JOHNSON." 

On  the  4tli_of_October  ^Governor  Johnson  ad 
dressed  a  meeting  at  Logansport,  Indiana,  and  on  the 
24th  of  the  same  month  spoke  to  the  colored. people 
at  Nashville,  denouncing  the  arislacraQVj  and  prom 
ising  that  their  "condition  should  be  improved  and 
their  rights  guaranteed  and  protected.  This 'speech, 
and  the  circumstances  attending  it,  are  reported  as 


Xxxvi  BIOGRAPHICAL  INTRODUCTION. 

follows,  by  a  correspondent  of  the  "  Cincinnati  Ga 
zette  "  :  — 

I  have  said  the  speech  of  Governor  Johnson,  delivered  to 
the  colored  population  of  Nashville  on  Monday  night,  was  one 
of  the  most  remarkable  to  which  it  was  ever  my  fortune  to 
listen.  The  time,  the  place,  the  circumstances,  the  audience, 
the  man,  all  combined  to  make  a  powerful  impression  upon  a 
spectator's  mind. 

The  time  was  the  fourth  year  of  the  rebellion,  —  the  eve  of 
a  great  political  contest  which  was  to  determine  for  all  time 
•whether  freedom  or  slavery  in  America  should  be  over 
thrown. 

The  place  was  the  proud  city  of  the  slaveholders,  and  im 
mediately  in  front  of  the  haughty  Capitol  of  Tennessee. 

The  circumstances  were  such  as  exist  only  amid  the  throes 
and  struggles  of  a  mighty  revolution. 

The  audience  were  men  and  women  who  only  three  years 
ago  were  abject,  miserable  slaves,  for  whom  there  was  appar 
ently  no  future  and  no  hope. 

The  man  was  he  who  in  a  few  days  was  certain  to  be  chosen 
to  the  second  highest  office  within  the  gift  of  the  American 
people. 

And  this  man,  whose  views  and  those  of  the  President,  soon 
to  be  rechosen,  are  known  to  be  in  exact  accord,  and  who, 
from  the  position  he  holds,  represents,  more  than  any  other 
man  save  Lincoln,  the  power  and  majesty  of  the  Republic,  — 
this  man,  standing  before  that  audience  of  trembling,  crouch 
ing  bondsmen,  —  tore  in  pieces  the  last  lingering  excuse  for 
outrage  and  wrong ;  threw  from  him  the  dishonored  and  dis 
honorable  fragments,  and  planting  himself  squarely  upon  the 
principles  of  justice  and  eternal  right,  declared  that  so  far  as 
he  was  concerned  there  should  henceforth  be  no  compromise 
with  slavery  anywhere ;  but  that  the  hour  had  come  when 
worth  and  merit,  without  regard  to  color,  should  be  the  stand 
ard  by  which  to  judge  the  value  of  a  man. 


BIOGRAPHICAL  INTRODUCTION.  XXXVU* 

Governor  Johnson  had  already  commenced  speaking  when 
I  succeeded  in  forcing  my  way  through  the  dense  crowd  of 
men  and  women  who  surrounded  him,  and  stood  within  a  few 
feet  of  him.  I  have  said  that  he  spoke  from  the  steps  leading 
up  from  the  street  (Cedar)  to  the  State-House  yard.  Jn  front 
the  street  was  filled  up  by  a  mass  of  human  beings,  so  closely 
compacted  together  that  they  seemed  to  compose  one  vast 
body,  no  part  of  which  could  move  without  moving  the  whole. 
The  State-House  yard  itself,  and  the  great  stone  wall  which 
separates  it  from  the  street,  were  also  thronged.  Over  this 
vast  crowd  the  torches  and  transparencies,  closely  gathered 
together  near  the  speaker,  cast  a  ruddy  glow ;  and,  as  far  as 
the  light  extended,  the  crowd  could  be  seen  stretching  either 
way  up  and  down  the  street. 

I  had  heard  cheers  and  shouts  long  before  I  could  distin 
guish  the  words  of  the  speaker ;  but  when  at  last  I  succeeded 
in  getting  close  to  the  spot  where  he  stood,  a  dead  silence 
prevailed,  unbroken  save  by  the  speaker's  voice.  I  listened 
closely,  and  these,  as  far  as  my  memory  serves  me,  were  the 
Tponderful  words :  — 

"  COLORED  MEN  OF  NASHVILLE,  —  You  have  all  heard  of 
the  President's  Proclamation,  by  which  he  announced  to  the 
world  that  the  slaves  in  a  large  portion  of  the  seceded  States 
were  thenceforth  and  forever  free.  For  certain  reasons,  which 
seemed  wise  to  the  President,  the  benefits  of  that  Proclamation  V 
did  not  extend  to  you  or  to  your  native  State.  Many  of  you 
consequently  were  left  in  bondage.  The  taskmaster's  scourge 
was  not  yet  broken,  and  the  fetters  still  galled  your  limbs. 
Gradually  this  iniquity  has  been  passing  away ;  but  the  hour 
has  come  when  the  last  vestiges  of  it  must  be  removed.  Con 
sequently,  I,  too,  without  reference  to  the  President  or  any\ 
other  person,  have  a  proclamation  to  make ;  and,  standing 
here  upon  the  steps  of  the  Capitol,  with  the  past  history  of  the 
State  to  witness,  the  present  condition  to  guide,  and  its  future 
to  encourage  me,  I,  Andrew  Johnson^d^jiereby^rpclaim  free 
dom,  full,  broad,  and~uriconditional,  to  every  man  in  Ten 
nessee!"  "" 

d 


XXXviii          BIOGRAPHICAL   INTRODUCTION. 

It  was  one  of  those  moments  when  the  speaker  seems  in 
spired,  and  when  his  audience,  catching  the  inspiration,  rises 
to  his  level  and  becomes  one  with  him.  Strangely  as  some  of 
the  words  of  this  immortal  utterance  sounded  to  those  uncul 
tivated  ears,  I  feel  convinced  that  not  one  of  them  was  misun 
derstood.  With  breathless  attention  those  sons  of  bondage  hung 
upon  each  syllable ;  each  individual  seemed  carved  in  stone 
until  the  last  word  of  the  grand  climax  was  reached  ;  and  then 
the  scene  which  followed  beggars  all  description.  One  simul 
taneous  roar  of  approval  and  delight  burst  from  three  thousand 
throats.  Flags,  banners,  torches,  and  transparencies  were 
waved  wildly  over  the  throng,  or  flung  aloft  in  the  ecstasy  of 
joy.  Drums,  fifes,  and  trumpets  added  to  the  uproar,  and 
the  mighty  tumult  of  this  great  mass  of  human  beings  rejoic 
ing  for  their  race,  woke  up  the  slumbering  echoes  of  the  cap- 
itol,  vibrated  throughout  the  length  and  breadth  of  the  city, 
rolled  over  the  sluggish  waters  of  the  Cumberland,  and  rang 
out  far  into  the  night  beyond. 

I  am  not  attempting  to  repeat  the  Governors  speech.  I 
had  neither  note-book  nor  pencil  when  I  listened  to  him  ;  and 
if  I  had  both  of  them  I  could  not  have  used  them  in  the 
midst  of  that  closely  wedged  crowd.  I  wish  only  to  describe  a 
few  of  the  points  in  his  speech  which  made  the  deepest  im 
pression  on  my  mind. 

t  Who  has  not  heard  of  the  great  estate  of  Mack  Cockrill, 
situated  near  the  city  of  Nashville,  —  an  estate  whose  acres 
are  numbered  by  the  thousand,  whose  slaves  were  once  counted 
by  the  score  ?  Mack  Cockrill  being  a  great  slave-owner,  was 
of  course  a  leading  rebel,  and  in  the  very  wantonness  of 
wealth,  wrung  from  the  sweat  and  toil  and  stolen  wages  of 
others,  gave  fabulous  sums  at  the  outset  of  the  war  to  aid  Jeff. 
Davis  in  overturning  the  Government. 

Who  has  not  heard  of  the  princely  estates  of  Gen.  W.  D. 
Harding,  who,  by  means  of  his  property  alone,  outweighed  in 
influence  any  other  man  in  Tennessee,  no  matter  what  were 
that  other's  worth,  or  wisdom,  or  ability.  Harding,  too,  early 


BIOGRAPHICAL   INTRODUCTION.  XXXIX 

espoused  the  cause  of  treason,  and  made  it  his  boast  that  he 
had  contributed,  and  directly  induced  others  to  contribute, 
millions  of  dollars  in  aid  of  that  unholy  cause. 

These  estates  suggested  to  Governor  Johnson  one  of  the 
most  forcible  points  of  his  speech :  — 

u  I  am  no  agrarian,"  said  he.  "  I  wish  to  see  secured  to 
every  man,  rich  or  poor,  the  fruits  of  his  honest  industry,  ef 
fort,  or  toil.  I  want  each  man  to  feel  that  what  he  has  gained 
by  his  own  skill,  or  talent,  or  exertion,  is  rightfully  ms,  and 
his  alone.  But  if,  through  an  iniquitous  system,  a  vast  amount 
of  wealth  has  been  accumulated  in  the  hands  of  one  man,  or 
a  few  men,  then  that  result  is  wrong,  and  the  sooner  we  can 
right  it  the  better  for  all  concerned.  It  is  wrong  that  Mack 
Cockrill  and  W.  D.  Harding,  by  means  of  forced  and  unpaid 
labor,  should  have  monopolized  so  large  a  share  of  the  lands 
and  wealth  of  Tennessee ;  and  I  say  if  their  immense  planta 
tions  were  divided  up  and  parcelled  out  amongst  a  number  of 
free,  industrious,  and  honest  farmers,  it  would  give  more  good 
citizens  to  the  Commonwealth,  increase  the  wages  of  our  me 
chanics,  enrich  the  markets  of  our  city,  enliven  all  the  arteries 
of  trade,  improve  society,  and  conduce  to  the  greatness  and 
glory  of  the  State." 

And  thus  the  Governor  discussed  the  profoundest  problems 
of  politics  and  social  life  in  the  presence  of  the  despised  blacks 
of  Nashville  ;  in  their  hearing  denounced  the  grasping  and 
bloated  monopoly  of  their  masters ;  and  used  the  overgrown 
estates  of  Harding  and  Cockrill  to  illustrate  his  doctrines,  in 
the  presence  of  Harding's  and  CockrilFs  slaves. 

That  portion  of  the  Governor's  speech  in  which  he  de 
scribed  and  denounced  the  aristocracy  of  Nashville,  I  cannot 
hope  to  render  properly ;  but  there  was  one  point  which  I 
must  not  overlook. 

"  The  representatives  of  this  corrupt,  (and  if  you  will  per 
mit  me  almost  to  swear  a  little,)  this  damnable  aristocracy, 
taunt  us  with  our  desire  to  see  justice  done,  and  charge  us 
with  favoring  negro  equality.  Of  all  living  men  they  should 


xl  BIOGRAPHICAL  INTRODUCTION. 

be  the  last  to  mouth  that  phrase ;  and,  even  when  uttered  in 
their  hearing,  it  should  cause  their  cheeks  to  tinge  and  burn 
with  shame.  Negro  equality,  indeed !  "Why,  pass,  any  day, 
along  the  sidewalks  of  High  Street  where  these  aristocrats 
more  particularly  dwell, —  these  aristocrats,  whose  sons  are 
now  in  the  bands  of  guerillas  and  cut-throats  who  prowl  and 
rob  and  murder  around  our  city,  —  pass  by  their  dwellings,  I 
say,  and  you  will  see  as  many  mulatto  as  negro  children,  the 
former  bearing  an  unmistakable  resemblance  to  their  aristo 
cratic  owners ! 

"  Colored  men  of  Tennessee  !  This,  too,  shall  cease  !  Your 
wives  and  daughters  shall  no  longer  be  dragged  into  a  concu 
binage,  compared  to  which  polygamy  is  a  virtue,  to  satisfy 
the  brutal  lusts  of  slaveholders  and  overseers !  Henceforth 
the  sanctity  of  God's  holy  law  of  marriage  shall  be  respected 
in  your  persons,  and  the  great  State  of  Tennessee  shall  no 
more  give  her  sanction  to  your  degradation  and  your  shame  !" 

"  Thank  God  !  thank  God  !  "  came  from  the  lips  of  a  thou 
sand  women,  who  in  their  own  persons  had  experienced  the 
hellish  iniquity  of  the  man-seller's  code.  "  Thank  God  !  "  fer 
vently  echoed  the  fathers,  husbands,  brothers  of  these  women. 

"  And  if  the  law  protects  you  in  the  possession  of  your 
wives  and  children,  if  the  law  shields  those  whom  you  hold 
dear  from  the  unlawful  grasp  of  lust,  will  you  endeavor  to  be 
true  to  yourselves,  and  shun,  as  it  were  death  itself,  the  path 
of  lewdness,  crime,  and  vice  ?  " 

"  We  will !  we  willl"  cried  the  assembled  thousands;  and 
joining  in  a  sublime  and  tearful  enthusiasm,  another  mighty 
shout  went  up  to  heaven. 

"  Looking  at  this  vast  crowd  of  colored  people,"  continued 
the  Governor,  "  and  reflecting  through  what  a  storm  of  perse 
cution  and  obloquy  they  are  compelled  to  pass,  I  am  almost 
induced  to  wish  that,  as  in  the  days  of  old,  a  Moses  might  arise 
who  should  lead  them  safely  to  their  promised  land  of  freedom 
and  happiness." 

*'  You  are  our  Moses,"  shouted  several  voices,  and  the  ex- 


BIOGRAPHICAL  INTRODUCTION.  xli 

clamation  was  caught  up  and  cheered  until  the  Capitol  rung 
again. 

"  God,"  continued  the  speaker,  "  no  doubt  has  prepared 
somewhere  an  instrument  for  the  great  work  he  designs  to  per 
form  in  behalf  of  this  outraged  people,  and  in  due  time  your 
leader  will  come  forth ;  your  Moses  will  be  revealed  to  you." 

k>  We  want  no  Moses  but  you  !  "  again  shouted  the  crowd. 

"  Well,  then,"  replied  the  speaker,  "  humble  and  unworthy 
as  I  am,  if  no  other  better  shall  be  found,  I  will  indeed  be 
your  Moses,  and  lead  you  through  the  Red  Sea  of  war  and 
bondage  to  a  fairer  future  of  liberty  and  peace.  I  speak  now 
as  one  who  feels  the  world  his  country,  and  all  who  love 
equal  rights  his  friends.  I  speak,  too,  as  a  citizen  of  Tennes 
see.  I  am  here  on  my  own  soil ;  and  here  I  mean  to  stay  and 
fight  this  great  battle  of  truth  and  justice  to  a  triumphant  end. 
Rebellion  and  slavery  shall,  by  God's  good  help,  no  longer 
pollute  our  State.  Loyal  men,  whether  white  or  black,  shall 
alone  control  her  destinies  ;  and  when  this  strife  in  which  we 
are  all  engaged  is  past,  I  trust,  I  know,  we  shall  have  a  better 
state  of  things,  and  shall  all  rejoice  that  honest  labor  reaps 
the  fruit  of  its  own  industry,  and  that  every  man  has  a  fair 
chance  in  the  race  of  life." 

It  is  impossible  to  describe  the  enthusiasm  which  followed 
these  words.  Joy  beamed  in  every  countenance.  Tears  and 
laughter  followed  each  other  in  quick  succession.  The  great 
throng  moved  and  swayed  back  and  forth  in  the  intensity  of 
emotion,  and  shout  after  shout  rent  the  air. 

A  man  might  have  exchanged  an  ordinary  immortality  to 
have  made  such  a  speech  to  such  an  audience,  and  been  much 
the  gainer. 

It  was  a  speech  significant  of  one  of  the  loftiest  positions  to 
which  mankind,  struggling  upward  toward  universal  freedom, 
has  as  yet  attained. 

The  great  Tribune  descended  from  the  steps  of  the  Capitol. 
As  if  by  magic  the  dense  throng  parted  to  let  him  through. 
And  all  that  night  long  his  name  was  mingled  with  the  curses 
d* 


xlii  BIOGRAPHICAL  INTRODUCTION. 

and  execrations  of  the  traitor  and  oppressor,  and  with  the 
blessings  of  the  oppressed  and  poor. 

The  result  of  the  Presidential  election  on  the 
14th  of  November,  1864,  is  well  known.  All  of  the 
States  voting  save  three,  gave  immense  majorities 
for  Lincoln  and  Johnson,  thus  indorsing  the  former 
administration  of  Mr.  Lincoln  and  promising  renewed 
and  continued  support. 

On  the  4th  of  March,  1865,  the  ceremonies  of 
inauguration  were  performed  at  Washington,  in 
the  presence  of  an  immense  concourse  of  people. 
Vice-President  Johnson  was  duly  qualified,  and 
assumed  the  duties  of  President  of  the  Senate. 
The  affairs  of  the  nation  were  progressing  in  the 
most  auspicious  manner.  The  military  operations 
of  Generals  Grant  and  Sherman  attracted  and 
absorbed  the  attention  of  the  nation.  President 
Lincoln,  who  was  at  the  front  with  the  Lieutenant- 
General,  had  sent  despatch  after  despatch  containing 
words  of  good  cheer,  culminating  with  the  news  of 
the  evacuation  of  Richmond  and  Petersburg,  and 
the  occupation  of  those  cities  by  the  Federal  troops. 
The  country  was  wild  with  delight,  and  throughout 
the  loyal  States  the  people  gathered  together  to  give 
expression  to  their  satisfaction.  At  the  meeting 
in  Washington  on  the  3d  of  April,  Vice-President 
Johnson  spoke  as  follows  :  — 

"As  I  have  been  introduced,  I  will  make  one  or  two  remarks, 
for  I  feel  that  no  one  would  be  justified  in  attempting  to  make 
an  address  on  such  an  occasion,  when  the  excitement  is  justly 
at  so  great  a  height. 


BIOGRAPHICAL   INTRODUCTION".  xlili 

"  We  are  now,  my  friends,  winding  up  a  rebellion,  —  a  great 
effort  that  has  been  made  by  bad  men  to  overthrow  the  Govern 
ment  of  the  United  States,  —  a  Government  founded  upon  free 
principles,  and  cemented  by  the  best  blood  of  the  Revolution. 
[Cheers.]  You  must  indulge  me  in  making  one  single  remark 
in  connection  with  myself.  At  the  time  that  the  traitors  in  the 
Senate  of  the  United  States  plotted  against  the  Government, 
and  entered  into  a  conspiracy  more  foul,  more  execrable,  and 
more  odious  than  that  of  Catiline  against  the  Romans,  I 
happened  to  be  a  member  of  that  body,  and,  as  to  loyalty 
stood  solitary  and  alone  among  the  Senators  from  the  Southern 
States. 

"  I  was  then  and  there  called  upon  to  know  what  I  could  do 
with  such  traitors,  and  I  want  to  repeat  my  reply  here.  I 
said,  if  we  had  an  Andrew  Jackson  he  would  hang  them  as 
high  as  Haman  ;  but  as  he  is  no  more,  and  sleeps  in  his  grave 
in  his  own  beloved  State,  where  traitors  and  treason  have  even 
insulted  his  tomb  and  the  very  earth  that  covers  his  remains, 
humble  as  I  am,  when  you  ask  me  what  I  would  do,  my  reply 
is,  I  would  arrest  them  —  I  would  try  them  —  I  would  convict 
them,  and  I  would  hang  them. 

"As  humble  as  I  am  and  have  been,  I  have  pursued  but  one, 
undeviating  course.  All  that  I  have  —  life,  limb,  and  property 
—  have  been  put  at  the  disposal  of  the  country  in  this  great 
struggle.  I  have  been  in  camp,  I  have  been  in  the  field,  I 
have  been  everywhere  where  this  great  rebellion  was ;  I  have 
pursued  it  until  I  believe  I  can  now  see  its  termination.  Since 
the  Avorld  began,  there  never  has  been  a  rebellion  of  such 
gigantic  proportions,  so  infamous  in  character,  so  diabolical  in 
motive,  so  entirely  disregardful  of  the  laws  of  civilized  war.  It 
has  introduced  the  most  savage  mode  of  warfare  ever  prac 
tised  upon  the  earth. 

"  I  will  repeat  here  a  remark,  for  which  I  have  been  in  no 
small  degree  censured.  What  is  it,  allow  me  to  ask,  that  has 
sustained  the  nation  in  this  great  struggle  ?  The  cry  has  been, 
you  know,  that  our  Government  was  not  strong  enough  for  a, 
time  of  rebellion ;  that  in  such  a  time  she  would  have  to  con- 


xliv  BIOGRAPHICAL  INTRODUCTION. 

tend  against  internal  weakness  as  well  as  internal  foes.  We 
have  now  given  the  world  evidence  that  such  is  not  the  fact ; 
and  when  the  rebellion  shall  have  been  crushed  out,  and  the 
nation  shall  once  again  have  settled  down  in  peace,  our  Gov 
ernment  will  rest  upon  a  more  enduring  basis  than  ever  be 
fore. 

"  But,  my  friends,  in  what  has  the  great  strength  of  this  Gov 
ernment  consisted.  Has  it  been  in  one-man  power  ?  Has 
it  been  in  some  autocrat,  or  in  some  one  man  who  held  abso 
lute  government  ?  No  !  I  thank  God  I  have  it  in  my  power 
to  proclaim  the  great  truth,  that  this  Government  has  derived 
its  "strength  from  the  American  people.  They  have  issued  the 
edict ;  they  have  exercised  the  power  that  has  resulted  in  the 
overthrow  of  the  rebellion,  and  there  is  not  another  govern 
ment  upon  the  face  of  the  earth  that  could  have  withstood  the 
shock. 

"  We  can  now  congratulate  ourselves  that  we  possess  the 
strongest,  the  freest,  and  the  best  Government  the  world  ever 
saw.  Thank  God  that  we  have  lived  through  this  trial,  and 
that,  looking  in  your  intelligent  faces  here  to-day,  I  can  an 
nounce  to  you  the  great  fact  that  Petersburg,  the  outpost  to 
the  strong  citadel,  has  been  occupied  by  our  brave  and  gallant 
officers  and  our  untiring,  invincible  soldiers.  And  not  content 
with  that,  they  have  captured  the  citadel  itself,  —  the  strong 
hold  of  traitors.  Richmond  is  ours,  and  is  now  occupied  by 
the  forces  of  the  United  States  !  Her  gates  have  been  en 
tered,  and  the  glorious  Stars  and  Stripes,  the  emblem  of 
Union,  of  power,  and  of  supremacy,  now  float  over  the  enemy's 
capitol ! 

"  In  the  language  of  another,  let  that  old  flag  rise  higher  and 
higher,  until  it  meets  the  sun  in  his  coming,  and  let  the  parting 
day  linger  to  play  upon  its  ample  folds.  It  is  the 'flag  of  your 
country,  it  is  your  flag,  it  is  my  flag,  and  it  bids  defiance  to  all 
the  nations  of  the  earth,  and  the  encroachments  of  all  the 
powers  combined.  It  is  not  my  intention  to  make  any  im 
prudent  remarks  or  allusions,  but  the  hour  will  come  when 
those  nations  that  exhibited  toward  us  such  insolence  and 


BIOGRAPHICAL  INTRODUCTION.  xlv 

improper  interference  in  the  midst  of  our  adversity,  and,  as 
they  supposed,  of  our  weakness,  will  learn  that  this  is  a  Gov 
ernment  of  the  people  possessing  power  enough  to  make  itself 
felt  and  respected. 

"  In  the  midst  of  our  rejoicing,  we  must  not  forget  to  drop 
a  tear  for  those  gallant  fellows  who  have  shed  their  blood  that 
their  Government  must  triumph.  We  cannot  forget  them 
when  we  view  the  many  bloody  battle-fields  of  the  war,  the 
new-made  graves,  our  maimed  friends  and  relatives,  who  have 
left  their  limbs,  as  it  were,  on  the  enemy's  soil,  and  others 
who  have  been  consigned  to  their  long  narrow  houses,  with 
no  winding-sheet  save  their  blankets  saturated  with  their 
blood. 

"  One  word  more,  and  I  have  done.  It  is  this  :  I  am  in  favor 
of  leniency  ;  but,  in  my  opinion,  evil-doers  should  be  punished. 
[Cries  of  '  That  's  so.']  Treason  is  the  highest  crime  known 
in  the  catalogue  of  crimes,  and  for  him  that  is  guilty  of  it  — 
for  him  that  is  willing  to  lift  his  impious  hand  against  the  au 
thority  of  the  nation  —  I  would  say  death  is  too  easy  a  pun 
ishment.  My  notion  is  that  treason  must  be  made  odious 
and  traitors  must  be  punished  and  impoverished,  their  social 
power  broken,  though  they  must  be  made  to  feel  the  penalty 
of  their  crime.  You,  my  friends,  have  traitors  in  your  very 
midst,  and  treason  needs  rebuke  and  punishment  here  as  well 
as  elsewhere.  It  is  not  the  men  in  the  field  who  are  the 
greatest  traitors.  It  is  the  men  who  have  encouraged  them  to 
imperil  their  lives,  while  they  themselves  have  remained  at 
home,  expending  their  means  and  exerting  all  their  power  to 
overthrow  the  Government.  Hence  I  say  this :  '  The  halter 
to  intelligent,  influential  traitors/  But  to  the  honest  boy,  to 
the  deluded  man,  who  has  been  deceived  into  the  rebel  ranks, 
I  would  extend  leniency  ;  I  would  say,  '  Return  to  your  alle 
giance,  renew  your  support  to  the  Government,  and  become  a 
good  citizen  ; '  but  the  leaders  I  would  hang.  I  hold,  too,  that 
wealthy  traitors  should  be  made  to  remunerate  those  men  who 
have  suffered  as  a  consequence  of  their  crime,  —  Union  men 
who  have  lost  their  property,  who  have  been  driven  from  their 


xlvi  BIOGRAPHICAL  INTRODUCTION. 

homes,  beggars  and  •wanderers  among  strangers.  It  is  well  to 
talk  about  these  things  here  to-day,  in  addressing  the  well- 
informed  persons  who  compose  this  audience.  You  can,  to  a 
very  great  extent,  aid  in  moulding  public  opinion,  and  in  giv 
ing  it  a  proper  direction.  Let  us  commence  the  work.  We 
have  put  down  these  traitors  in  arms ;  let  us  put  them  down  in 
law,  in  public  judgment,  and  in  the  morals  of  the  world." 

The  fall  of  Richmond  was  followed  by  the  sur 
render  of  Lee's  army  on  the  9th  of  Ajml.  Five 
days  after,  on  the  evening  of  the  14th,  the  bullet 
of  the  assassin  struck  down  the  head  of  the  Na 
tion,  but  it  did  not  still  the  pulsations  of  its  heart 
nor  paralyze  the  action  of  its  limbs.  As  the 
dreadful  intelligence  flashed  over  the  electric  wire, 
throughout  the  length  and  breadth  of  the  land,  the 
whole  country  stood  for  a  moment,  speechless  and 
breathless,  appalled  by  the  dastardly  outrage.  The 
first  thought  of  the  Nation  was  for  the  safety  of  its 
Government.  Self-perpetuating,  the  Government 
received,  but  scarcely  felt,  a  shock  which  would 
have  overthrown  the  dynasties  of  the  Old  World. 
The  wires  were  yet  trembling  with  the  burden  of 
the  sad  message,  "  Abraham  Lincoln  died  this  morn 
ing  at  twenty-two  minutes  after  seven  o'clock."  when 
they  were  again  called  to  proclaim  that  "  Andrew 
Johnson  was  sworn  into  office  as  President  of  the 
United  States,  by  Chief  Justice  Chase,  to-day  at 
eleven  o'clock." 

The  formal  ceremonies  were  brief  but  dignified, 
promptly  performed,  but  invested  with  an  unusual 
solemnity  by  the  sad  event  which  had  rendered 


BIOGRAPHICAL   INTRODUCTION.  xlvii 

them  necessary.  Immediately  on  the  death  of 
President  Lincoln,  Hon.  James  Speed,  Attorney- 
General  of  the  United  States,  waited  upon  Vice- 
President  Johnson  with  the  following  official  com 
munication  :  — 

"  WASHINGTON  CITY,  April  15,  1865. 
"  ANDREW  JOHNSON,  Vice-President  of  the  United  States. 

"  SIR,  —  ABRAHAM  LINCOLN,  President  of  the  United 
States,  was  shot  by  an  assassin  last  evening  at  Ford's  Theatre, 
in  this  city,  and  died  at  the  hour  of  twenty-two  minutes  after 
seven  o'clock.  About  the  same  time  at  which  the  President 
was  shot,  an  assassin  entered  the  sick  chamber  of  Hon.  W.  H. 
Seward,  Secretary  of  State,  and  stabbed  him  in  several  places 
in  the  throat,  neck,  and  face,  severely,  if  no  tmortally,  wound 
ing  him.  Other  members  of  the  Secretary's  family  were  dan 
gerously  wounded  by  the  assassin,  while  making  his  escape. 

"  By  the  death  of  President  Lincoln  the  office  of  President 
has  devolved,  under  the  Constitution,  upon  you.  The  emer 
gency  of  the  Government  demands  that  you  should  immedi 
ately  qualify  according  to  the  requirements  of  the  Constitution, 
and  enter  upon  the  duties  of  President  of  the  United  States. 
If  you  will  please  make  known  your  pleasure,  such  arrange 
ments  as  you  deem  proper  will  be  made. 

"  Your  obedient  servants, 

"  HUGH  McCuLLOCH,  Secretary  of  the  Treasury;  ED 
WIN  M.  STANTON,  Secretary  of  War;  GIDEON 
WELLES,  Secretary  of  the  Navy;  WILLIAM  DEN- 
NISON,  Postmaster- General;  J.  P.  USHER,  Secre 
tary  of  the  Interior;  JAMES  SPEED,  Attorney- 
General." 

Mr.  Johnson  suggested  ten  o'clock  as  the  hour, 
and  his  apartments  at  the  Kirkwood  House  as  the 
place,  where,  at  the  hour  designated,  the  ceremony 
was  performed. 


xlviii  BIOGRAPHICAL  INTRODUCTION. 

After  the  oath  had  been  administered,  President 
Johnson  delivered  the  following  address  :  — 

O 

"GENTLEMEN,  —  I  must  be  permitted  to  say  that  I  have 
been  almost  overwhelmed  by  the  announcement  of  the  sad 
event  which  has  so  recently  occurred.  I  feel  incompetent  to 
perform  duties  so  important  and  responsible  as  those  which 
have  been  so  unexpectedly  thrown  upon  me.  As  to  an  in 
dication  of  any  policy  which  may  be  pursued  by  me  in  the 
administration  of  the  Government,  I  have  to  say,  that  that 
must  be  left  for  development  as  the  administration  progresses. 
The  message  or  declaration  must  be  made  by  the  acts  as  they 
transpire.  The  only  assurance  that  I  can  now  give  of  the 
future,  is  by  reference  to  the  past.  The  course  which  I  have 
taken  in  the  past,  in  connection  with  this  rebellion,  must  be 
regarded  as  a  guarantee  of  the  future.  My  past  public  life, 
which  has  been  long  and  laborious,  has  been  founded,  as  I  in 
good  conscience  believe,  upon  a  great  principle  of  right,  which 
lies  at  the  basis  of  all  things.  The  best  energies  of  my  life 
have  been  spent  in  endeavoring  to  establish  and  perpetuate 
the  principles  of  free  government,  and  I  believe  that  the 
Government,  in  passing  through  its  present  trials,  will  settle 
down  upon  principles  consonant  with  popular  rights  more 
permanent  and  enduring  than  heretofore.  I  must  be  permit 
ted  to  say,  if  I  understand  the  feelings  of  my  own  heart,  I 
have  long  labored  to  ameliorate  and  alleviate  the  condition  of 
the  great  mass  of  the  American  people.  Toil,  and  an  honest 
advocacy  of  the  great  principles  of  free  government,  have 
been  my  lot.  The  duties  have  been  mine  —  the  consequences 
are  God's.  This  has  been  the  foundation  of  my  political 
creed.  I  feel  that  in  the  end  the  Government  will  triumph, 
and  that  these  great  principles  will  be  permanently  established. 

In  conclusion,  gentlemen,  let  me  say  that  I  want  your  en 
couragement  and  countenance.  I  shall  ask  and  rely  upon  you 
and  others  in  carrying  the  Government  through  its  present 
perils.  I  feel,  in  making  this  request,  that  it  will  be  heartily 
responded  to  by  you,  and  all  other  patriots  and  lovers  of  the 
rights  and  interests  of  a  free  people." 


SPEECH   ON  THE   VETO-POWER. 

DELIVERED   IN   THE   HOUSE   OF   REPRESENTATIVES   OF   THE   UNITED 
STATES,    AUGUST   2,   1848. 

MR.  CHAIRMAN  :  —  I  have  for  some  days 
attempted  to  obtain  possession  of  the  floor  when 
the  House  has  been  in  Committee  of  the  Whole 
on  the  state  of  the  Union,  and  having  at  length 
succeeded,  I  may  not  confine  myself  to  the  pending 
question,  but  diverge  to  others  of  a  more  general 
character,  as  other  gentlemen  have  done  who  have 
preceded  me  in  debate.  I  make  the  admission 
frankly  that  I  shall  introduce  some  general  topics  of 
discussion  in  the  course  of  my  argument,  if  anything 
that  I  shall  say  may  be  dignified  with  the  appella 
tion  of  an  argument.  However,  as  an  hour  is  but 
a  very  limited  time  in  which  to  speak  on  such  varied 
and  important  questions  as  present  themselves  to  my 
mind,  I  shall  directly  address  myself  to  those  ques 
tions,  and  if  I  cannot  embody  all  my  views,  I  may 
be  able  to  present  the  outline,  the  bones,  the  general 
contour  of  those  subjects,  and  leave  to  those  who 
may  feel  sufficient  interest  in  them  to  listen  to  my 
remarks  to  fill  up  the  outlines  and  clothe  the  bones 
with  suitable  muscles  and  flesh. 

For  the  last  two  or  three  days,  and  I  may  say 
i 


'2;  ;  ;    ;/,      THE  SPEECHES 

weeks,  the  more  immediate  subjects  of  discussion 
have  been  twofold.  The  first  was  the  veto-power  ; 
and  the  next  was  the  origin,  progress,  and  conse 
quences  of  the  war  with  Mexico.  To  these  ques 
tions,  then,  I  shall  confine  myself.  And,  in  relation 
to  the  veto-power,  I  confess  I  feel  great  diffidence 
in  approaching  a  subject  of  so  much  importance  ; 
for  at  one  period  of  my  life  I  entertained  some 
doubts  as  to  the  exercise  of  the  veto-power  myself. 
But  from  the  most  thorough  investigation,  I  have 
become  entirely  satisfied  as  to  the  propriety  of  the 
creation  and  establishment  of  this  power  by  the 
Constitution. 

In  the  discussion  of  the  veto-power,  and  tracing 
it  from  its  origin  to  the  present  time,  I  may  be 
charged  with  something  of  ultraism  ;  for,  upon  a 
more  complete  examination,  I  find  it  to  be  of  plebeian 
origin. 

Where  did  the  veto-power  originate  ?  It  was 
established  to  enable  the  people  to  resist  and  repel 
encroachments  on  their  rights.  The  veto-power  had 
its  origin  in  old  Rome  3507  Anno  Mundi ;  and  be 
fore  Christ  497  ;  and  from  the  building  of  the  city 
of  Rome  255 ;  which  would  make,  since  its  origin, 
2345  years.  These  dates  will  show  that  the  people 
of  Rome  had  been  submitting  to  gradual  encroach 
ments  two  hundred  and  fifty-five  years,  until  further 
submission  was  insupportable.  At  this  period  the 
levies  and  laws  of  the  Roman  Senate  were  so  enor 
mous  and  oppressive  that  the  people  were  compelled 


OF   ANDREW  JOHNSON.  3 

to  employ  means  to  resist  their  further  encroach 
ment.  The  people  en  masse  retired  to  a  mountain 
three  miles  distant  from  Rome,  called  Monsacer, 
and  were  there  addressed  by  Junius  Lucius  and 
Sicinius  Bellerus  with  masculine  eloquence,  — • 
always  the  child  of  nature,  —  which  induced  the 
people  to  compel  the  Roman  Senate  to  yield  the 
power  to  them  to  establish  five  tribunes  from  among 
themselves,  which,  in  process  of  time,  were  increased 
to  ten,  who  should  be  clothed  with  the  veto-power. 
These  tribunes  were  placed  at  the  Senate-door,  and 
all  laws  passed  by  the  Roman  Senate  were  pre 
sented  to  them  for  their  approval  or  rejection.  If 
they  approved  a  law,  it  was  signed  with  the  letter 
T  ;  but  if  not  approved,  they  used  the  word  veto, 
which  signifies  u  I  forbid."  This  is  the  origin  of 
the  veto-power ;  and  so  long  as  it  was  exercised  by 
tribunes  or  officers  immediately  responsible  to  the 
people  for  their  election  or  appointment,  the  end 
that  the  people  designed  was  successfully  accom 
plished —  that  is,  resistance  to  encroachments  on 
their  rights.  And  so  long  as  this  power  wras  pre 
served  in  its  original  purity  and  simplicity,  it  was 
exercised  to  the  advancement  of  the  people's  rights 
and  interests. 

Augustus,  706  years  from  the  building  of  the  city 
of  Rome,  or  four  hundred  and  fifty-one  years  after 
the  establishment  of  the.  veto-power  by  the  people, 
so  managed  as  to  have  the  power  in  practice  con 
ferred  upon  himself;  and  here  is  the  first  union  of 


4  THE  SPEECHES 

the  veto-power  and  royalty.  The  tribunes  were  still 
elected,  and  existed  nominally,  but  in  fact  they  ex 
ercised  no  tribunitian  power.  The  tribunes,  in  fact, 
continued  to  exist  until  the  reign  of  Constantine, 
which  was  nine  hundred  and  thirty-three  years  from 
the  building  of  the  city,  or  six  hundred  and  seventy- 
eight  years  from  the  creation  of  the  veto,  when  the 
office  of  tribune  was  completely  merged  in  royalty, 
and  abolished. 

We  may  now  pass  on  from  this  period  of  time  to 
the  exercise  of  the  veto-power  in  modern  Europe ; 
and,  from  the  days  of  Augustus,  we  shall  see  that  the 
exercise  of  this  power  has  passed  to  the  opposite  end 
of  the  line,  —  that  is,  from  the  people  to  the  Crown. 

In  England,  by  a  resolution  of  parliament,  this 
power  was  conferred  upon  the  King,  and  has  not 
been  exercised  by  him  since  1692,  which  makes  one 
hundred  and  fifty-six  years  ;  and  from  this  an  argu 
ment  is  drawn  to  prove  that  even  the  King  of  Eng 
land  is  afraid  to  exercise  the  veto-power,  and  there 
fore  it  is  dangerous,  and  should  never  be  exercised 
in  a  democracy  or  a  republic. 

The  King  of  England  is  not  immediately  respon 
sible  to  the  people  for  the  exercise  of  this  power,  or 
responsible  to  them  for  the  position  he  holds.  He 
ascends  the  throne  in  the  course  of  hereditary  suc 
cession  ;  and,  when  the  power  is  exercised  by  him, 
in  most  instances  it  is  to  resist  popular  will,  instead 
of  carrying  it  out;  hence  the  great  fear  of  exercising 
the  veto-power  in  England,  lest  the  popular  will 


OF  ANDREW  JOHNSON.  5 

should  become  so  strono-  that  it  would  overturn  the 

?D 

throne ;  and  consequently  the  King  resorts  to  the 
liberal  bestowment  of  the  immense  patronage  at  his 
disposal  to  defeat  those  measures,  on  their  passage, 
which  would  require  the  exercise  of  the  veto-power, 
as  necessary  to  protect  the  other  prerogatives  of  the 
Crown. 

The  Constituent  Assembly  of  France  conferred 
the  veto-power  on  the  King  in  1789,  but  the  very 
first  exercise  of  it  proved  his  ruin ;  it  was  in  opposi 
tion  to  popular  will,  and  in  protection  of  the  pre 
rogatives  of  the  Crown.  The  same  power  was  also 
vested  with  the  King  of  Norway,  and  in  this  in 
stance  it  was  exercised  twice  to  sustain  the  family 
upon  the  throne,  until  at  last  the  popular  will  be 
came  so  strono-  that  it  resulted  in  his  overthrow. 

O 

I  might  go  into  detail,  or  more  at  length,  in  the 
cases  enumerated,  and  even  refer  to  others,  but  time 
will  not  permit. 

I  wrill  now  pass  to  a  point  of  time  when  this  power 
returns  to  its  original  source,  —  the  people. 

The  patriots  and  sages  of  the  Revolution,  who 
were  perfectly  familiar  with  the  veto-power  as  it 
existed  in  the  colonies  and  the  mother-country, 
after  effecting  our  separation  from  Great  Britain, 
were  called  upon  to  form  a  Constitution,  and  in  that 
Constitution  we  find  the  veto-power  established, 
and  to  be  exercised  by  the  people.  This  Consti 
tution  was  submitted  to  the  States,  and,  after  mature 
and  deliberate  consideration  by  them,  it  was  adopted, 
i* 


6  THE  SPEECHES 

On  the  4tli  of  March,  1789,  George  Washington, 
the  father  of  his  country,  delegate  to  and  president 
of  the  Convention  that  framed  the  Constitution,  was 
inaugurated  President  of  the  United  States,  and,  for 
the  first  time  under  the  Constitution,  the  veto-power 
was  exercised,  —  or,  according  to  our  opponents  of 
this  day,  the  "  one-man  "  or  "  despotic  power,  "  and 
that,  too,  upon  the  ground  of  convenience  and  econ 
omy,  and  the  second  time  upon  constitutional 
grounds.  And  in  this  connection,  although  Mr. 
Jefferson  never  exercised  the  power  while  Presi 
dent,  we  can  adduce  proof  which  shows  that  he 
approved  of  the  incorporation  of  the  power  into  our 
Constitution,  and  of  its  exercise  afterwards.  In  his 
letter  to  Mr.  Madison,  written  when  he  was  in 
Paris,  dated  December  20,  1787,  he  takes  decided 
ground  in  favor  of  the  veto. 

In  his  opinion,  as  written  out  whilst  Secretary  of 
State  during  General  Washington's  administration, 
he  urged  its  exercise,  upon  the  ground  that  its 
omission  might  be  construed  into  a  non-user,  or 
an  official  negligence.  We  find,  then,  that  these 
two  men,  whose  patriotism  and  purity  of  purpose 
no  mortal  man  can  doubt,  were  in  favor  of  the 
veto-power,  as  established  in  the  Constitution. 

James  Madison,  the  third  Republican  President, 
and,  as  he  is  called  by  some,  "  the  great  Apostle  of 
Liberty,"  who  was  a  member  of  the  Convention 
that  framed  the  great  chart  of  American  liberty, 
and  afterwards  President  of  the  United  States,  and 


OF  ANDREW  JOHXSOX.  7 

that,  too,  while  all  was  fresh  and  green  on  his 
memory  of  the  oppressions  and  outrages  that  had 
been  committed  by  the  British  Government,  under 
every  pretence  whatever,  exercised  this  power  six 
times  daring  his  eight  years'  administration. 

Next,  we  come  to  Mr.  Monroe  ;  and,  during  his 
administration,  it  will  be  remembered  that  it  was 
called  "  the  era  of  good-will  and  conciliation  of  all 
parties "  ;  who,  it  may  be  said,  came  into  power 
almost  without  opposition,  and  under  whose  ad 
ministration  parties  were  almost  merged,  —  a  man 
that  no  one  will  charge  wTith  possessing  the  first 
element  of  the  tyrant  or  the  despot,  and  of  whom 
it  might  be  said,  that  he  was  a  war-hating  and 
peace-loving  man ;  he  ventured  to  exercise  this 
power  once. 

We  then  pass  over  Mr.  J.  Q.  Adams's  adminis 
tration  to  that  of  Andrew  Jackson ;  and,  notwith 
standing  he  has  been  denounced  as  arbitrary  and 
tyrannical,  —  that  his  will  was  iron  and  his  nerves 
were  steel,  —  even  he,  in  the  use  of  this  power, 
always  exercised  it  in  defence  of  the  people's  inter 
ests,  and  in  resisting  encroachments  on  their  rights. 
By  this  man  it  was  exercised  nine  times,  and  the 
people  said,  "  Well  done,  thou  good  and  faithful 
servant." 

We  will  pass  by  the  administration  of  Mr.  Van 
Buren  to  that  of  John  Tyler,  called  by  some  —  but 
not  by  me  —  in  derision,  "  the  Accidency  Presi 
dent,"  who  exercised  this  power  four  times ;  and 


8  THE  SPEECHES 

under  his  administration  is  the  only  instance  in 
which  a  law  was  passed  over  a  veto,  by  two  thirds 
of  the  two  Houses  of  Congress,  since  the  origin  of 
the  government,  and  that  an  unimportant  law. 
Next  comes  Mr.  Folk's  administration,  and  since 
he  came  into  power  it  has  been  exercised  three 
times. 

Thus  it  will  be  seen,  that  from  the  origin  of  the 
government  to  the  present  time  this  power  has 
been  exercised  twenty-five  times.  The  whole  num 
ber  of  laws  passed,  from  the  organization  of  the 
government,  and  approved,  is  about  seven  thou 
sand  ;  which  would  make  one  veto  to  every  two 
hundred  and  eighty  acts,  —  a  very  small  propor 
tion  ;  and  I  think  I  may  appeal  with  confidence  to 
all  those  who  are  conversant  with  legislation  here, 
whether  it  would  not  have  been  better  for  the  peo 
ple  and  the  country  if  five  thousand  out  of  the 
seven  thousand  had  been  vetoed.  I  have  been  thus 
particular  in  giving  the  origin  and  exercise  of  the 
veto-power  to  prove,  that  whenever  it  has  been 
exercised  in  compliance  with  the  popular  will,  by  a 
tribune  or  president,  or  by  any  other  name  you  may 
think  proper  to  give  him,  so  that  he  is  immediately 
responsible  to  the  people,  it  operates  well.  And  to 
show  further,  that  whenever  this  power  is  retained 
in  the  hands  of  the  people,  men  entertaining  certain 
principles,  without  any  regard  to  their  party  name, 
make  war  upon  this  power  when  at  this  end  of  the 
line ;  but  whenever  it  is  transferred  to  the  other 


OF  ANDREW  JOHNSON.  9 

end,  and  placed  in  the  hands  of  irresponsible  per 
sons,  they  become  its  defenders  and  advocates. 
And  this  brings  me  up  directly  to  one  of  the  issues 
between  the  parties  in  this  government. 

By  an  examination  of  the  Constitution,  we  find 
the  veto-power  lodged  in  another  department  of  the 
government,  as  well  as  with  the  Executives ;  and 
that  department  is  irresponsible  to  the  people.  I 
mean  that  the  Judiciary,  who  are  appointed  to 
office  during  life,  —  or,  tantamount  thereto,  dur 
ing  good  behavior,  —  exercise  the  veto-power  abso 
lutely.  They  are  men,  and  subject  to  all  the  prej 
udices  and  influences  of  other  men,  according  to 
their  construction  of  the  Constitution.  They  can 
veto  every  act  of  Congress,  after  its  approval  by  the 
President,  and  that  veto  is  final.  But  against  the 
exercise  of  this  power  by  this  department  of  the 
government  the  Federal  party  make  no  complaint; 
but  think  it  a  perfectly  safe  place  for  the  lodg 
ment  of  the  power,  as  it  is  beyond  the  reach  of 
the  people ;  which  will  at  once  show  to  every 
reflecting  and  intelligent  mind  the  sincerity  of 
the  Opposition  in  making  war  on  the  exercise  of 
the  veto-power,  when  exercised  by  that  department 
of  the  Government  immediately  responsible  to  the 
people. 

I  cannot,  Mr.  Chairman,  though  pressed  for  time, 

dismiss  the  subject  without  noticing  the  figure  or 

simile  of  the  snag-boat  used  by  the  gentleman  from 

Ohio.1     In  this  illustration  he  represents  the  Con- 

1  Mr.  Schenck. 


10  THE  SPEECHES 

stitution  as  the  Mississippi,  and  the  veto-power 
as  a  "  snag  "  ;  and  he  comes  forward  making  great 
preparation  with  his  snag-boat,  throwing  out  his 
grappling-irons,  raising  the  steam,  the  wheels  revolv 
ing,  determined  to  extract  this  principle,  the  veto, 
from  the  Constitution. 

Tliis  is  an  illustration  of  what  I  have  just  before 
said,  that  where  the  people,  either  directly  or  indi 
rectly,  can  exert  their  power  through  the  Constitu 
tion  by  an  officer  chosen  by  themselves,  the  snag- 
boat  of  Federal  power  is  brought  forward  to  tear  it 
out  by  the  roots.  But  I  do  not  look  upon  the  veto 
power  as  a  "  snag "  on  the  Mississippi,  to  obstruct 
the  navigation  to  our  commerce ;  but  as  a  break 
water,  to  use  the  figure,  placed  on  the  people's  sea 
or  Constitution,  to  arrest  the  mighty  current  of  Fed 
eral  power,  heavily  setting  in,  or  to  break  the  dash 
ing  waves  of  encroachments  upon  their  liberties  and 
their  interests.  The  veto,  as  exercised  by  the  Ex 
ecutives,  is  conservative,  and  enables  the  people, 
through  their  tribunitian  officer,  the  President,  to 
arrest  or  suspend  for  the  time  being  unconstitutional, 
hasty,  and  improvident  legislation,  until  the  people, 
the  sovereigns  in  this  country,  have  time  and  oppor 
tunity  to  consider  of  its  propriety.  But  the  member 
from  Ohio  seems  determined  to  tear  out  that  portion 
of  the  Constitution  where  the  people  can  be  heard 
and  felt. 

But  in  that  other  department  of  government 
where  they  have  no  voice,  they  are  compelled  to 


OF  ANDREW  JOHNSON.  H 

submit  to  its  absolute  exercise,  unless  they  resort  to 
a  revolution  or  to  an  amendment  of  the  Constitution. 

For  myself,  I  will  take  the  instrument  as  it  is 
handed  down  by  Washington  and  his  compeers  ; 
and  if  it  is  tyranny  to  exercise  this  power  as  it  has 
been,  —  approved  by  every  Republican  President 
from  Washington's  inauguration  down  to  the  pres 
ent  time,  not  even  excepting  General  Harrison, 
who  was  brought  into  power  by  the  Whigs,  out  of 
that  chaotic  state  of  things  which  existed  in  1840, 
I  am  willing  to  abide  by  it,  and  await  the  ultimate 
decision  of  the  people  on  the  subject.  If  the  gen 
tleman  from  Ohio  could  succeed  with  his  Federal 
snag-boat  in  extracting  the  people's  power,  the  veto, 
from  the  Constitution,  the  harmony  of  our  beautiful 
though  complex  form  of  government  would  be  lost, 
—  the  equilibrium  would  be  gone,  and  some  of  the 
departments  would  absorb  the  others,  or  become 
liquids,  and  result  in  the  concentration  of  all  power 
in  one  department. 

Time  will  not  permit,  if  I  were  disposed  and 
capable,  of  going  into  an  analysis  of  the  power  of 
this  Government.  I  have  not  the  time  to  take  it 
down  and  examine  each  element,  and  then  set  it  up 
again.  I  must  content  myself  with  what  I  have 
hastily  and  crudely  said,  and  pass  on  to  the  next 
proposition  I  propose  to  discuss. 


12  THE  SPEECHES 


SPEECH  ON  THE  HOMESTEAD  BILL. 

DELIVERED  IN   THE   SENATE  OF   THE  UNITED   STATES,  MAY   20,  1858. 

The  Senate  having  under  consideration  the  bill  to  grant  to 
any  person  who  is  the  head  of  a  family,  and  a  citizen  of  the 
United  States,  a  homestead  of  one  hundred  and  sixty  acres  of 
land  out  of  the  public  domain,"  upon  the  condition  of  occu 
pancy  and  cultivation  of  the  same  for  the  period  of  five  years, 
MR.  JOHNSON  said  :  — 

MR.  PRESIDENT  :  —  The  immediate  proposition 
before  the  Senate  is  an  amendment  offered  by 
the  honorable  Senator  from  North  Carolina,1 
which  provides  that  there  shall  be  a  land-warrant 
issued  to  each  head  of  a  family,  by  the  Secre 
tary  of  the  Interior,  and  distributed  among  those 
who  do  not  emigrate  to  the  public  domain  and  take 
possession  of  and  cultivate  the  land  for  the  term  of 
years  specified  in  the  bill.  I  have  something  to  say 
in  reference  to  that  amendment,  but  I  will  not  say 
it  in  this  connection.  I  will  take  it  up  in  its  order. 
I  propose,  in  the  first  place,  to  explain  briefly  the 
provisions  of  the  bill. 

The  first  section  provides  for  granting  one  hun 
dred  and  sixty  acres  of  land  to  every  head  of  a 
family  who  will  emigrate  to  any  of  the  public  do- 

1  Mr.  Clingman. 


OF  ANDREW  JOHNSOX.  13 

main  and  settle  upon  it,  and  cultivate  it  for  a  term 
of  five  years.  Upon  those  facts  being  made  known 
to  the  register  of  the  land-office,  the  emigrant  is  to  be 
entitled  to  obtain  a  patent.  The  second  section  pro 
vides  that  he  shall  make  an  affidavit,  and  show  to  the 
satisfaction  of  the  officer  that  his  entry  is  made  in 
good  faith,  and  that  his  intention  is  to  cultivate  the 
soil  and  become  an  actual  settler.  The  sixth  section 
of  the  bill  provides  that  any  person  who  is  now  an 
inhabitant  of  the  United  States,  but  not  a  citizen,  if 
he  makes  application,  and  in  the  course  of  five  years 
becomes  a  citizen  of  the  United  States,  shall  be 
placed  on  a  footing  of  equality  with  the  native-born 
citizens  of  the  country  in  this  respect.  The  third 
section  provides  that  those  entries  shall  be  confined 
to  land  that  has  been  in  market,  and  subjected  to 
private  entry  ;  and  that  the  persons  entering  the  land 
shall  be  confined  to  each  alternate  section. 

These  are  substantially  the  leading  provisions  of 
this  bill.  It  does  not  proceed  upon  the  idea,  as 
some  suppose,  of  making  a  donation  or  gift  of  the 
public  land  to  the  settler.  It  proceeds  upon  the 
principle  of  consideration  ;  and  I  conceive,  and  I 
think  many  others  do,  that  the  individual  who 
emigrates  to  the  West,  and  reclaims  and  reduces  to 
cultivation  one  hundred  and  sixty  acres  of  the  public 
domain,  subjecting  himself  to  all  the  privations  and 
hardships  of  such  a  life,  pays  the  highest  considera 
tion  for  his  land. 

But,  before   I  say   more  on  this  portion   of  the 


14  THE  SPEECHES 

subject,  I  desire  to  premise  a  little  by  giving  the 
history  of  this  homestead  proposition.  Some  per 
sons  from  my  own  region  of  the  country,  or,  in 
other  words,  from  the  South,  have  thrown  out  the 
intimation  that  this  is  a  proposition  which  partakes, 
to  some  extent,  of  the  nature  of  the  Emigrant  Aid 
Society,  and  is  to  operate  injuriously  to  the  Southern 
States.  For  the  purpose  of  making  the  starting- 
point  right,  I  want  to  go  back  and  show  when  this 
proposition  was  first  introduced  into  the  Congress 
of  the  United  States.  I  am  not  sure  but  that  the 
Presiding  Officer1  remembers  well  the  history  of 
this  measure. 

In  1846,  on  the  27th  day  of  March,  long  before 
we  had  any  emigrant  aid  societies,  long  before  we 
had  the  compromises  of  1850  in  reference  to  the 
slavery  question,  long  before  we  had  any  agitation 
on  the  subject  of  slavery  in  1854,  long  before  we 
had  any  agitation  upon  it  in  1858,  this  proposition 
made  its  advent  into  the  House  of  Representatives. 
It  met  with  considerable  opposition.  It  scarcely 
received  serious  consideration  for  a  length  of  time ; 
but  the  measure  was  pressed  until  the  public  mind 
took  hold  of  it ;  and  it  was  still  pressed  until  the 
12th  day  of  May,  1852,  when  it  passed  that  body 
by  a  two-thirds  vote.  Thus  we  see  that  its  origin 
and  its  consummation,  so  far  as  the  House  of 
Representatives  was  concerned,  had  nothing  to  do 
with  North  or  South,  but  proceeded  upon  that 
1  Mr.  Foot  of  Vermont  in  the  chair. 


OF  ANDREW  JOHNSON.  15 

great  principle  which  interests  every  man  in  this 
country,  and  which,  in  the  end,  secures  and  pro 
vides  for  him  a  home.  By  putting  these  dates 
together,  it  will  be  perceived  that  it  was  just  six 
years  five  months  and  fifteen  days  from  the  introduc 
tion  of  this  bill  until  its  passage  by  the  House  of 
Representatives. 

I  shall  not  detain  the  Senate  by  any  lengthy  re 
marks  on  the  general  principles  of  the  bill ;  for  I  do 
not  intend  to  be  prolix,  or  to  consume  much  of  the 
Senate's  time.  What  is  the  origin  of  the  great  idea 
of  a  homestead  of  land  ?  We  find,  on  turning  to 
the  first  law-writer,  —  and  I  think  one  of  the  best, 
for  we  are  informed  that  he  wrote  by  inspiration,  — 
that  he  advances  the  first  idea  on  this  subject. 
Moses  made  use  of  the  followins  language :  — 

o  o       o 

"  The  land  shall  not  be  sold  forever  ;  for  the  land  is  mine  — 
for  ye  are  strangers  and  sojourners  with  me."  —  Leviticus, 
chapter  xxv.  verse  23. 

We  begin,  then,  with  Moses.  The  next  writer 
to  whom  I  will  call  the  attention  of  the  Senate  is 
Vattel  —  one  of  the  ablest,  if  not  the  ablest  writer 
upon  the  laws  of  nations.  He  lays  down  this  great 
principle : l 

"  Of  all  the  arts,  tillage  or  agriculture  is  the  most  useful  and 
necessary.  It  is  the  nursing-father  of  the  State.  The  culti 
vation  of  the  earth  causes  it  to  produce  an  infinite  increase ; 
it  forms  the  surest  resource,  and  the  most  solid  fund  of  rich 
commerce  for  the  people  who  enjoy  a  happy  climate. 

"  This  affair,  then,  deserves  the  utmost  attention  from  gov- 

1  Vattel,  Book  I.  ch.  7. 


16  THE  SPEECHES 

ernment.  The  sovereign  ought  to  neglect  no  means  of 
rendering  the  land  under  his  obedience  as  well  cultivated  as 
possible.  Pie  ought  not  to  allow  either  communities  or  private 
persons  to  acquire  large  tracts  of  land  to  leave  uncultivated. 
These  rights  of  common,  which  deprive  the  proprietor  of  the 
free  liberty  of  disposing  of  his  lands,  —  that  will  not  allow  him 
to  farm  them,  and  cause  them  to  be  cultivated  in  the  most 
advantageous  manner,  —  these  rights,  I  say,  are  contrary  to  the 
welfare  of  the  state,  and  ought  to  be  suppressed  or  reduced  to 
a  just  bound.  The  property  introduced  among  the  citizens 
does  not  prevent  the  nation's  having  a  right  to  take  the  most 
effectual  measures  to  cause  the  whole  country  to  produce  the 
greatest  and  most  advantageous  revenue  possible. 

"  The  government  ought  carefully  to  avoid  everything 
capable  of  discouraging  husbandmen,  or  of  diverting  them 
from  the  labors  of  agriculture.  Those  taxes,  those  excessive 
and  ill-proportioned  impositions,  the  burden  of  which  falls 
almost  entirely  upon  the  cultivators,  and  the  vexations  they 
suffer  from  the  commissioners  who  levy  them,  take  from  the 
unhappy  peasant  the  means  of  cultivating  the  earth,  and 
depopulate  the  country.  Spain  is  the  most  fertile,  and  the 
worst  cultivated  country  in  Europe.  The  Church  possesses 
too  much  land,  and  the  undertakers  of  royal  magazines,  who 
are  authorized  to  purchase  at  low  prices  all  the  corn  they  find 
in  possession  of  a  peasant,  above  what  is  necessary  for  the  sub 
sistence  of  his  wife  and  family,  so  greatly  discourage  the 
husbandman,  that  he  sows  no  more  corn  than  is  necessary  for 
the  support  of  his  own  household.  Whence  arises  the  greatest 
scarcity  in  a  country  capable  of  feeding  its  neighbors. 

"Another  abuse  injurious  to  agriculture  is,  the  contempt 
cast  upon  husbandmen.  The  inhabitants  of  cities,  even  the 
most  servile  artist  and  the  most  lazy  citizen,  consider  him 
who  cultivates  the  soil  with  a  disdainful  eye  ;  they  humble  and 
discourage  him  ;  they  dare  to  despise  a  profession  that  feeds  the 
human  race  —  the  natural  employment  of  man.  A  stay-maker 
places  far  beneath  him  the  beloved  employment  of  the  first 
consuls  and  dictators  of  Rome. 


OF  ANDREW  JOHNSON.  17 

"  China  lias  wisely  prevented  this  abuse.  Agriculture  is 
there  held  in  honor ;  and  to  preserve  this  happy  manner  of 
thinking,  every  year,  on  a  solemn  day,  the  Emperor  himself, 
followed  by  the  whole  court,  sets  his  hands  to  the  plow  and 
sows  a  small  piece  of  land.  Hence  China  is  the  best  cultivated 
country  in  the  world.  It  nourishes  an  innumerable  multitude 
of  people  that  at  first  appears  to  the  traveller  too  great  for  the 
space  they  possess. 

"  The  cultivation  of  the  soil  is  not  only  to  be  recommended 
by  the  government  on  account  of  the  extraordinary  advan 
tages  that  flow  from  it,  but  from  its  being  an  obligation  im 
posed  by  nature  on  mankind.  The  whole  earth  is  appointed 
for  the  nourishment  of  its  inhabitants,  but  it  would  be  incapa 
ble  of  doing  it  was  it  uncultivated.  Every  nation  is  then 
obliged  by  a  law  of  nature  to  cultivate  the  ground  that  has 
fallen  to  its  share,  and  it  has  no  right  to  expect  or  require 
assistance  from  others,  any  further  than  the  land  in  its  pos 
session  is  incapable  of  furnishing  it  with  necessaries.  Those 
people,  like  the  ancient  Germans  and  modern  Tartars,  who, 
having  fertile  countries,  disdain  to  cultivate  the  earth,  and 
rather  choose  to  live  by  rapine,  are  wanting  to  themselves,  and 
deserve  to  be  exterminated  as  savage  and  rapacious  beasts. 
There  are  others  who  avoid  agriculture,  who  would  only  live 
by  hunting  and  flocks.  This  might  doubtless  be  allowed  in 
the  first  ages  of  the  world,  when  the  earth  produced  more  than 
was  sufficient  to  feed  its  few  inhabitants;  but  at  present,  when 
the  human  race  is  so  greatly  multiplied,  it  would  not  subsist  if 
all  nations  resolved  to  live  in  this  manner.  Those  who  still 
retain  this  idle  life,  usurp  more  extensive  territories  than  they 
would  have  occasion  for  were  they  to  use  honest  labor,  and 
have,  therefore,  no  reason  to  complain  if  other  nations,  more 
laborious  and  too  closely  confined,  come  to  possess  a  part. 
Thus,  though  the  conquest  of  the  civilized  empires  of  Peru 
and  Mexico  was  a  notorious  usurpation,  the  establishment 
of  many  colonies  in  North  America  may,  on  their  confining 
themselves  within  just  bounds,  be  extremely  lawful.  The 
2* 


18  THE  SPEECHES 

people  of  those  vast  countries  rather  overran  than  inhabited 
them." 

I  propose  next  to  cite  the  authority  of  General 
Jackson,  who  was  believed  to  be  not  only  a  friend 
to  the  South  but  a  friend  to  the  Union.  He 
inculcated  this  great  doctrine  in  his  message  of 

1832:  — 

"  It  cannot  be  doubted  that  the  speedy  settlement  of  those 
lands  constitutes  the  true  interest  of  the  Republic.  The  wealth 
and  strength  of  a  country  are  its  population,  and  the  best  part 
of  the  population  are  cultivators  of  the  soil.  Independent 
farmers  are  everywhere  the  basis  of  society,  and  the  true 
friends  of  liberty." 

"  It  seems  to  me  to  be  our  true  policy  that  the  public  lands 
shall  cease,  as  soon  as  practicable,  to  be  a  source  of  revenue  ; 
and  that  they  be  sold  to  settlers  in  limited  parcels,  at  prices 
barely  sufficient  to  reimburse  the  United  States  the  expense 
of  the  present  system,  and  the  cost  arising  from  our  Indian 
contracts." 

"  It  is  desirable,  however,  that  the  right  of  the  soil,  and  the 
future  disposition  of  it,  be  surrendered  to  the  States  respect 
ively  in  which  it  lies. 

"  The  adventurous  and  hardy  population  of  the  West,  be 
sides  contributing  their  equal  share  of  taxation  under  the 
impost  system,  have,  in  the  progress  of  our  Government,  for 
the  lands  they  occupy,  paid  into  the  treasury  a  large  propor 
tion  of  forty  million  dollars,  and  of  the  revenue  received  there 
from  but  a  small  portion  has  been  expended  among  them. 
When,  to  the  disadvantage  of  their  situation  in  this  respect, 
we  add  the  consideration  that  it  is  their  labor  alone  that  gives 
real  value  to  the  lands,  and  that  the  proceeds  arising  from 
these  sales  are  chiefly  distributed  among  States  that  had  not 
originally  any  claim  to  them,  and  which  have  enjoyed  the  un 
divided  emoluments  arising  from  the  sales  of  their  own  lands, 


OF   ANDREW  JOHNSON.  19 

it  cannot  be  expected  that  the  new  States  will  remain  longer 
contented  with  the  present  policy,  after  the  payment  of  the 
public  debt.  To  avert  the  consequences  which  may  be  appre 
hended  from  this  cause,  to  stop  forever  all  partial  and  inter 
ested  legislation  on  this  subject,  and  to  afford  every  American 
citizen  of  enterprise  the  opportunity  of  securing  an  inde 
pendent  freehold,  it  seems  to  me,  therefore,  best  to  abandon 
the  idea  of  raising  a  future  revenue  out  of  the  public  lands." 

Tims  we  have  standing  before  us,  in  advocacy  of 
this  great  principle,  the  first  writer  of  laws,  Moses ; 
next  we  have  Vattel ;  and  in  the  third  place  we 
have  General  Jackson. 

Now,  let  us  see  whether  there  has  been  any 
homestead  policy  in  the  United  States.  By  turn 
ing  to  our  statutes,  we  find  that  the  first  Homestead 
Bill  ever  introduced  into  the  Congress  of  the  United 

& 

States  was  in  1791.  I  know  that  it  is  said  by 
some,  and  it  is  sometimes  cantingly  and  slurringly 
reiterated  in  the  newspapers,  that  this  is  a  dema 
gogical  movement,  and  that  some  person  has  intro 
duced  and  advocates  this  policy  purely  for  the  pur 
pose  of  pleasing  the  people.  I  want  to  see  who 
some  of  these  demagogues  are  ;  and,  before  I  read 
the  section  of  this  statute,  I  will  refer,  in  connection 
with  Jackson  and  these  other  distinguished  indi 
viduals,  to  the  fact  that  Mr.  Jefferson,  the  philos 
opher  and  statesman,  recognized  and  appreciated 
this  great  doctrine.  In  1791,  the  first  bill  passed  by 
the  Congress  of  the  United  States  recoo-nizins  tlfe 

^  O  O 

homestead  principle,  is  in  the  following  words  :  — 
"  That  four  hundred  acres  of  land  be  given  "  — 


20  THE   SPEECHES 

that  is  the  language  of  the  statute.  We  do  not 
assume  in  this  bill  to  give  land.  We  assume  that 
a  consideration  passes ;  but  here  was  a  law  that 
was  based  on  the  idea  that  four  hundred  acres  of 
land  were  to  be  given 

—  "  to  each  of  those  persons  who,  in  the  year  1 783,  were  heads 
of  families  at  Yincennes,  or  the  Illinois  country,  or  the  Missis 
sippi,  and  who,  since  that  time,  have  removed  from  one  of  the 
said  places  to  the  other ;  but  the  Governor  of  the  Territory 
northwest  of  the  Ohio  is  hereby  directed  to  cause  the  same  to 
be  laid  out  for  them  at  their  own  expense,"  &c. 

Another  section  of  the  same  act  provides,  — 

"  That  the  heads  of  families  at  Vincennes,  or  in  the  Illinois 
country,  in  the  year  1  783,  who  afterwards  removed  without 
the  limits  of  said  Territory,  are  nevertheless  entitled  to  the 
donation  of  four  hundred  acres  of  land  made  by  the  resolve 
of  Congress,"  &c. 

That  act  recognized  the  principle  embraced  in 
the  Homestead  Bill.  If  this  is  the  idea  of  a  dema 
gogue,  if  it  is  the  idea  of  one  catering  or  pandering 
to  the  public  sentiment  to  catch  votes,  it  was  intro 
duced  into  Congress  in  1791,  and  received  the 
approval  of  Washington,  the  father  of  his  country. 
I  presume  that  if  he  lived  at  this  day,  and  were  to 
approve  the  measure,  as  he  did  in  1791,  he  would 
be  branded,  and  put  in  the  category  of  those  per 
sons  who  are  denominated  demagogues.  Under  his 
administration  there  was  another  bill  passed  of  a 
similar  import,  recognizing  and  carrying  out  the 
great  homestead  principle.  Thus  we  find  that  this 


OF  ANDREW  JOHNSON".  21 

policy,  so  far  as  legislation  is  concerned,  commenced 
with  Washington,  and  received  his  approval  as 
early  as  1791.  From  General  Washington's  ad 
ministration  there  are  forty-four  precedents  running 
through  everv  administration  of  this  Government, 
down  to  the  present  time,  in  which  this  principle 
has  been  recognized  and  indorsed. 

We  discover  from  this  historical  review  that  this 
is  no  new  idea,  that  it  is  no  recent  invention,  that 
it  is  no  new  movement  for  the  purpose  of  making 
votes  ;  but  it  is  a  principle  wellnigh  as  old  as  the 
Government  itself,  which  was  indorsed  and  ap 
proved  by  Washington  himself. 

This  would  seem,  Mr.  President,  to  settle  the 
question  of  power.  I  know  it  has  been  argued  by 
some  that  Congress  had  not  the  power  to  make 
donations  of  land  ;  but  even  the  statute,  to  which  I 
have  referred,  makes  use  of  the  word  "  give  "  with 
out  consideration.  It  was  considered  constitutional 
by  the  early  fathers  to  give  away  land.  We  pro 
ceed  in  this  bill  upon  the  principle  that  there  is  a 
consideration.  If  I  were  disposed  to  look  for  prec 
edents,  even  for  the  donations  of  the  public  lands, 
I  could  instance  the  bounty-land  act,  I  could  take 
you  through  other  acts  donating  land,  showing  that 
the  principle  has  been  recognized  again  and  again, 
and  that  there  is  not  now  a  question  as  to  its  con 
stitutionality. 

I  believe  there  is  a  clear  difference  in  the  power 
of  the  Federal  Government  in  reference  to  its  ap- 


22  THE  SPEECHES 

propriatlons  of  money  and  its  appropriations  of  the 
public  land.  The  Congress  of  the  United  States 
has  power  to  lay  and  collect  taxes,  duties,  imposts, 
and  excises,  to  pay  the  debts  and  provide  for  the 
common  defence  and  general  welfare.  I  believe  it 
has  the  power  to  lay  and  collect  duties  for  these 
legitimate  purposes  ;  but  when  taxes  have  been  laid, 
collected,  and  paid  into  the  treasury,  I  do  not 
think  it  has  that  general  scope  or  that  latitude  in 
the  appropriation  of  money  that  it  has  over  the 
public  lands.  Once  converted  into  revenue,  Con 
gress  can  only  appropriate  the  revenue  to  the  spe 
cific  objects  of  the  Constitution.  It  may  derive 
revenue  from  the  public  lands,  and  being  revenue, 
it  can  only  be  appropriated  to  the  purposes  for 
which  revenue  is  raised  under  the  Constitution. 

But  when  we  turn  to  another  provision  of  the 
Constitution,  we  find  that  Congress  has  power  "  to 
dispose  of  and  make  all  needful  rules  and  regula 
tions  respecting  the  territory  or  other  property  be 
longing  to  the  United  States."  Congress  has,  in 
the  organization  of  all  the  Territories  and  in  the 
admission  of  new  States,  recognized  most  clearly 
the  principle  of  appropriating  the  public  lands  for 
the  benefit  of  schools,  colleges,  and  academies.  It 
has  granted  the  sixteenth  and  thirty-sixth  sections 
in  every  township  for  school  purposes ;  it  has 
granted  lands  for  public  buildings  and  various  other 
improvements.  I  am  very  clear  on  this  point,  that 
in  the  disposition  of  the  public  lands  they  should  be 


OF   ANDREW  JOHNSON.  23 

applied  to  national  purposes.  If  we  grant  the  pub 
lic  lands  to  actual  settlers,  so  as  to  induce  them  to 
settle  upon  and  cultivate  them,  can  there  be  any 
thing  more  national  in  its  character  ?  What  is  the 

C5 

great  object  of  acquiring  territory  ?  Is  it  not  for 
settlement  and  cultivation  ?  We  may  acquire  ter 
ritory  by  the  exercise  of  the  treaty-making  power. 
We  may  be  engaged  in  a  war,  and  as  terms  or 
conditions  of  peace  we  may  make  large  acquisi 
tions  of  territory  to  the  United  States.  But  what 
is  the  great  idea  and  principle  on  which  you  ac 
quire  territory  ?  Is  it  not  to  settle  and  cultivate  it  ? 
I  am  aware  that  the  argument  is  used,  if  you 
can  dispose  of  the  public  lands  for  this  purpose  or 
that  purpose,  cannot  you  sell  the  public  lands  and 
apply  the  proceeds  to  the  same  purpose  ?  I  think 
there  is  a  clear  distinction  between  the  two  cases. 
It  is  equally  clear  to  me  that,  if  the  Federal  Gov 
ernment  can  set  apart  the  public  lands  for  school 
purposes  in  the  new  States,  it  can  appropriate  lands 
to  enable  the  parent  to  sustain  his  child  whilst  en 
joying  the  benefits  conferred  upon  him  by  the  Gov 
ernment  in  the  shape  of  education.  The  argument 
is  as  sound  in  the  one  case  as  it  is  in  the  other.  If  we 
can  grant  lands  in  the  one  case,  we  can  in  the  other. 
If,  without  making  a  contract  in  advance,  you  can 
grant  your  public  lands  as  gratuities,  as  donations 
to  men  who  go  out  and  fight  the  battles  of  their 
country,  after  the  services  have  been  rendered,  is 
it  not  strange,  passing  strange,  that  you  cannot 


24  THE  SPEECHES 

grant  land  to  those  who  till  the  soil  and  make  pro 
vision  to  sustain  your  army  while  it  is  fighting  the 
battles  of  the  country  ?  It  seems  to  me  that  the 
argument  is  clear.  I  do  not  intend  to  argue  the 
constitutional  question,  for  I  think  there  can  be 
really  no  doubt  on  that  point.  I  do  not  believe 
any  one  at  this  day  will  seriously  make  any  point 
on  that  ground  against  this  bill.  Is  its  purpose  a 
national  one?  The  great  object  is  to  induce  per 
sons  to  cultivate  the  land,  and  thereby  make  the  soil 
productive.  By  doing  this,  you  induce  hundreds 
of  persons  throughout  the  United  States,  who  are 
now  producing  but  little,  to  come  in  contact  with 
the  soil  and  add  to  the  productive  capacity  of  the 
country,  and  thereby  promote  the  national  weal. 

I  come  now  to  the  amendment  offered  by  the 
Senator  from  North  Carolina.  I  have  not  looked 
over  the  Globe  this  morning  to  read  his  remarks 
of  yesterday  ;  but  if  I  understood  him  correctly,  he 
advocated  the  proposition  of  issuing  a  warrant  for 
a  hundred  and  sixty  acres  of  land  to  each  head  of  a 
family  in  the  United  States.  I  am  inclined  to  think 
the  Senator  is  not  serious  in  this  proposition.  It 
has  been  offered  on  some  occasions  heretofore,  and 
rejected  by  very  decided  votes.  Let  us  compare  it 
with  the  proposition  of  the  bill.  The  idea  of  the 
honorable  Senator  seems  to  be  that  this  bill  was 
designed  to  force  or  compel,  to  some  extent,  the 
citizens  of  other  States  to  go  to  the  new  States. 
Why,  sir,  there  is  no  compulsory  process  in  the 


OF  ANDREW  JOHNSON.  25 

bill.  It  leaves  each  man  at  his  own  discretion,  at 
his  own  free  will,  either  to  go  or  to  stay,  just  as  it 
suits  his  inclinations. 

The  Senator  seems  to  think  too  —  and  the  same 
idea  was  advanced  by  his  predecessor  —  that  at  this 
time  such  a  measure  would  have  a  tendency  to 
diminish  the  revenue.  He  intimates  that  the  na 
tion  is  now  bankrupt,  that  we  are  borrowing  money, 
that  the  receipts  from  customs  have  been  greatly 
diminished,  and  that  therefore  it  would  be  danger 
ous  to  pass  this  bill,  because  it  would  have  a  ten 
dency  to  diminish  the  revenue.  Let  us  compare  the 
Senator's  proposition  and  that  of  the  bill,  in  this 
respect.  His  amendment  is  to  issue  warrants  to 
each  head  of  a  family.  The  population  of  the 
United  States  is  now  estimated  at  about  twenty- 
eight  millions.  Let  us  assume,  for  the  sake  of 
illustration,  that  there  are  three  million  heads  of 
families  in  the  United  States.  His  proposition, 
then,  is  to  issue  and  throw  upon  the  market  three 
millions  of  warrants,  each  warrant  entitling  the 
holder  to  one  hundred  and  sixty  acres  of  land.  If 
that  were  done,  and  those  warrants  were  thrown 
upon  the  market,  what  would  they  sell  for  ?  Little 
or  nothing.  If  such  land-warrants  were  thrown 
broadcast  over  the  country,  who  would  enter  an 
other  acre  of  land  at.  $1.25  ?  Would  not  the  war 
rants  pass  into  the  hands  of  land  speculators  and 
monopolists  at  a  merely  nominal  price?  Would 
they  bring  more  than  a  quarter  of  a  dollar  an  acre  ? 


26  THE  SPEECHES 

If  you  were  to  throw  three  millions  of  land-warrants 
into  the  market  at  one  time,  would  they  bring  any 
thing  ?  Then  the  effect  of  that  proposition  would 
be  to  do  but  little  good  to  those  to  whom  the  war 
rants  were  issued,  and  by  throwing  them  into  the 
market,  it  would  cut  off  the  revenue  from  public 
lands  entirely,  for  no  one  would  enter  land  for  cash 
as  long  as  warrants  could  be  bought.  That  propo 
sition,  then,  is  to  aid  and  feed  speculation.  I  do 
not  say  that  is  the  motive  or  intention,  but  it  is  the 
tendency  and  effect  of  the  Senator's  proposition  to 
throw  a  large  portion  of  the  public  lands  into  the 
hands  of  speculators,  and  to  cut  them  off  from  the 
treasury  as  a  source  of  revenue. 

But  what  does  this  bill  propose  ?  Will  it  dimin 
ish  the  receipts  into  the  treasury  from  the  public 
lands  ?  The  bill  provides  that  the  entries  under  it 
shall  be  confined  to  the  alternate  sections,  and  that 
the  person  who  obtains  the  benefit  of  the  bill  must 
be  an  actual  settler  and  cultivator.  In  proportion 
as  you  settle  and  cultivate  any  portion  of  the  public 
lands,  do  you  not  enhance  the  value  of  the  remain 
ing  sections,  and  bring  them  into  the  market  much 
sooner,  and  obtain  a  better  price  for  them  than  you 
would  without  this  bill  ?  What  is  the  principle 
upon  which  you  have  proceeded  in  all  the  railroad 
grants  you  have  made  ?  They  have  been  defended 
upon  the  ground  that  by  granting  alternate  sections 
for  railroads,  you  thereby  brought  the  remaining 
lands  into  the  market,  and  enabled  the  Govern- 


OF  ANDREW  JOHN  SOX.  27 

ment  to  realize  its  means  at  a  much  earlier  period, 
making  the  remainder  of  the  public  lands  more 
valuable  than  they  were  before.  This  bill  pro 
ceeds  upon  the  same  idea.  You  have  granted 
an  immense  amount  of  lands  to  railroads  on  this 
principle,  and  now  why  not  do  something  for  the 
people  ? 

I  say,  that  instead  of  wasting  the  public  lands, 
instead  of  reducing  the  receipts  into  the  treasury, 
this  bill  would  increase  them.  In  the  first  place,  it 
will  enhance  the  value  of  the  reserved  quarter- 
sections.  This  may  be  illustrated  by  an  example. 
In  1848  we  had  nine  million  quarter-sections ; 
in  1858  we  have  about  seven  millions.  Let  us 
suppose  that  our  population  is  twenty-eight  mill 
ions,  and  that  under  the  operation  of  this  bill  one 
million  heads  of  families  who  are  now  producing 
but  very  little,  and  who  have  no  land  to  cultivate, 
and  very  scanty  means  of  subsistence,  shall  each 
have  a  quarter-section  of  land,  what  will  the  effect 
be  ?  At  present  these  persons  pay  little  or  nothing 
for  the  support  of  the  Federal  Government,  under 
the  operation  of  our  tariff  system,  for  the  reason 
that  they  have  not  got  much  to  buy  with.  Plow 
much  does  the  land  yield  to  the  Government  while 
it  is  lying  in  a  state  of  nature,  uncultivated  ?  Noth 
ing  at  all.  At  the  rate  we  have  been  selling  the 
public  lands,  about  three  million  dollars'  worth  a 
year,  estimating  them  at  $1.25  an  acre,  it  will  take 
a  fraction  less  than  seven  hundred  years  to  dispose 
of  the  public  domain. 


28  THE  SPEECHES 

I  will  take  a  case  that  will  demonstrate  as  clearly 
as  the  simplest  sum  in  arithmetic  that  this  is  a  reve 
nue  measure.  Let  us  take  a  million  families  who 
can  now  hardly  procure  the  necessaries  of  life,  and 
place  them  each  on  a  quarter-section  of  land,  — 
how  long  will  it  be  before  their  condition  will  be 
improved  so  as  to  make  them  able  to  contribute 
something  to  the  support  of  the  Government  ? 
Now,  here  is  soil  producing  nothing,  here  are  hands 
producing  but  little.  Transfer  the  man  from  the 
point  where  he  is  producing  nothing,  bring  him  in 
contact  with  a  hundred  and  sixty  acres  of  produc 
tive  soil,  and  how  long  will  it  be  before  that  man 
changes  his  condition  ?  As  soon  as  he  gets  upon 
the  land  he  begins  to  make  his  improvements, 
he  clears  out  his  field,  and  the  work  of  production 
is  commenced.  In  a  short  time  he  has  a  crop,  he 
has  stock  and  other  things  that  result  from  bringing 
his  physical  labor  in  contact  with  the  soil.  He  has 
the  products  of  his  labor  and  his  land,  and  he  is 
enabled  to  exchange  them  for  articles  of  consump 
tion.  He  is  enabled  to  buy  more  than  he  did  be 
fore,  and  thus  he  contributes  more  to  the  support 
of  his  Government,  while,  at  the  same  time,  he 
becomes  a  better  man,  a  more  reliable  man  for  all 
governmental  purposes,  because  he  is  interested  in 
the  country  in  which  he  lives. 

To  illustrate  the  matter  further,  let  us  take  a 
family  of  seven  persons  in  number  who  now  have 
no  home,  no  abiding  place  that  they  can  call  their 


OF  ANDREW  JOHNSON.  29 

own,  and  transfer  them  to  a  tract  of  one  hundred 
and  sixty  acres  of  land  which  they  are  to  possess 
and  cultivate.  Is  there  a  Senator  here  who  does 
not  believe,  that,  by  changing  their  position  from 
the  one  place  to  the  other,  they  would  produce  at 
least  a  dollar  more  than  they  did  before  ?  I  will 
begin  at  a  point  scarcely  visible,  —  a  single  dollar. 
Is  there  a  man  here  or  anywhere  else  who  does  not 
know  the  fact  to  be,  that  you  increase  a  man's  abil 
ity  to  buy  when  he  produces  more,  by  bringing  his 
labor  in  contact  with  the  soil.  The  result  of  that 
contact  is  production ;  he  produces  something  that 
he  can  convert  and  exchange  for  the  necessities  of 
his  family.  Suppose  the  increase  was  only  a  dollar 
a  head  for  a  million  of  families,  each  family  consist 
ing  of  seven  persons.  By  transferring  a  million  of 
families  from  their  present  dependent  condition  to 
the  enjoyment  and  cultivation  of  the  public  domain, 
supposing  it  \vould  only  increase  their  ability  to  buy 
foreign  imports  to  the  extent  of  a  dollar  each,  you 
would  create  a  demand  for  seven  millions'  worth  of 
imports.  Our  rates  of  duties,  under  the  tariff  act 
of  1846,  are  about  thirty  per  cent.,  and  thus,  at  the 
almost  invisible  beginning  of  a  single  dollar  a  head, 
you,  in  this  way,  increase  the  pecuniary  and  finan 
cial  means  of  the  Government  to  the  extent  of 
$2,100,000. 

This  would  be  the  result,  supposing  that  there 
would  only  be  an  addition  of  one  dollar  per  head  to 
the  ability  of  each  family  by  being  taken  from  a  con- 

3* 


30  THE  SPEECHES 

dition  of  poverty  and  placed  upon  one  hundred  and 
sixty  acres  of  land.  This  is  the  result,  supposing 
them  to  have  seven  dollars  more,  with  which  to  buy 
articles  of  consumption,  than  they  had  when  they 
had  no  home,  no  soil  to  cultivate,  no  stimulant,  no 
inducement  to  labor.  If  you  suppose  the  effect 
would  be  to  increase  their  ability  two  dollars  per 
head,  you  would  increase  their  consumption  to  the 
amount  of  $14,000,000,  which,  at  thirty  per  cent, 
duty,  would  yield  84,200,000.  If  you  supposed  it 
increased  the  ability  of  a  family  four  dollars  per 
head,  the  total  amount  would  be  $28,000,000,  which 
would  yield  a  revenue  of  $8,400,000.  I  think  that 
this  would  be  far  below  the  truth,  and  if  you  gave  a 
family  one  hundred  and  sixty  acres  of  land  to  culti 
vate,  the  effect  would  be  to  increase  the  ability  of 
that  family  so  as  to  buy  fifty-six  dollars'  worth  more 
than  they  bought  before,  —  eight  dollars  a  head. 
That  would  be  a  small  increase  to  a  family  who  had 
a  home,  compared  with  the  condition  of  that  family 
when  it  had  none.  The  effect  of  that  would  be  to 
run  up  the  amount  they  buy  to  $56,000,000,  which, 
at  a  duty  of  thirty  per  cent.,  would  yield  the  sum  of 
$16,800,000. 

I  show  you,  then,  that,  by  taking  one  million 
families,  consisting  of  seven  persons  each,  and  put 
ting  them  each  upon  a  quarter-section  of  land,  mak 
ing  the  soil  productive,  if  you  thereby  only  added  to 
their  capacity  to  buy  goods  to  the  amount  of  fifty-six 
dollars  per  family,  you  would  derive  a  revenue  of 


OF   ANDREW  JOHNSON.  31 

nearly  seventeen  million  dollars.  When  you  have 
done  this,  how  much  of  the  public  lands  would  you 
have  disposed  of?  Only  one  million  quarter-sec 
tions,  and  you  would  have  nearly  six  million  quarter- 
sections  left.  By  disposing  of  one  sixth  of  your  pub 
lic  domain  in  this  way,  upon  this  little  miniature 
estimate,  you  bring  into  the  coffers  of  the  Federal 
Government  by  this  bill  $16,800,000  annually. 

Does  this  look  like  diminishing  the  revenue  ? 
Does  it  not  rather  show  that  this  bill  is  a  revenue 
measure  ?  I  think  it  is  most  clearly  a  revenue 
measure.  Not  only  is  this  the  case  in  a  money 
point  of  view,  so  far  as  the  imports  are  concerned, 
but,  by  settling  the  alternate  sections  with  actual 
cultivators,  you  make  the  remaining  sections  more 
valuable  to  the  Government,  and  you  bring  them 
sooner  into  market.  In  continuation  of  this  idea,  I 
will  read  a  portion  of  the  argument  which  I  made 
upon  this  subject  when  I  first  introduced  the  bill 
into  the  other  House.  I  read  from  the  report  of  my 
speech  on  that  occasion  :  — 

"  Mr.  J.  said,  it  will  be  remembered  by  the  House  that  he 
had  already  shown,  that  by  giving  an  individual  a  quarter-sec 
tion  of  the  land,  the  Government  would  receive  back,  in  the 
shape  of  a  revenue,  in  every  seven  years,  more  than  the 
Government  price  of  the  land  ;  and,  upon  this  principle,  the 
Government  would,  in  fact,  be  realizing  two  hundred  and  ten 
dollars  every  subsequent  term  of  seven  years.  The  whole 
number  of  acres  of  public  land  belonging  to  the  United  States 
at  this  time,  or  up  to  the  30th  of  September,  1848,  is  one 
billion  four  hundred  and  forty-two  millions  two  hundred  and 


32  THE  SPEECHES 

sixteen  thousand  one  hundred  and  sixty-eight  acres.  This 
amount,  estimated  at  $1.25  per  acre,  will  make  $1,802,770,000. 
To  dispose  of  $3,000,000  worth  per  annum,  which  is  more  than 
an  average  sum,  would  require  seven  hundred  years,  or  a  frac 
tion  less,  to  dispose  of  the  entire  domain.  It  will  now  be  per 
ceived  at  once,  that  the  Government  would  derive  an  immense 
advantage  by  giving  the  land  to  the  cultivator,  instead  of 
keeping  it  on  hand  this  length  of  time.  We  find  by  this  pro 
cess  the  Government  would  derive  from  each  quarter-section 
in  six  hundred  years,  (throwing  off  the  large  excess  of  nearly 
one  hundred  years,)  $17,000,  —  seven  going  into  six  hundred 
eighty-five  times.  This,  then,  shows  on  the  one  hand  what 

the  Government  would  gain  by  giving  the  land  away 

He  said  that  this  expose  ought  to  satisfy  every  one,  that  instead 
of  violating  the  plighted  faith  of  the  Government,  it  was  en 
larging  and  making  more  valuable,  and  enabling  the  Govern 
ment  to  derive  a  much  larger  amount  of  revenue  to  meet  all 
its  liabilities,  and  thereby  preserving  its  faith  inviolate." 

I  do  not  think  there  can  be  any  question  as  to  the 
revenue  part  of  this  proposition.  We  show  that  by 
granting  a  million  quarter-sections  you  derive  more 
revenue  upon  the  public  lands  than  you  do  by  your 
entire  land  system,  as  it  now  stands.  In  1850,  it 
was  estimated  that  each  head  of  a  family  consumed 
$100  worth  of  home  manufactures.  If  we  increase 
the  ability  of  the  cultivator  and  occupier  of  the  soil 
fifty-six  dollars  in  the  family,  of  course  it  is  reason 
able  to  presume  that  he  would  consume  a  corre 
spondingly  increased  proportion  of  home  manufac 
tures.  Can  that  proposition  be  controverted  ?  I 
think  not.  Then  we  see  on  the  one  hand,  that  we 
should  derive  more  revenue  from  granting  the  land, 


OF  ANDREW  JOHNSON.  33 

on  the  principle  laid  down  in  the  bill,  and  also  that 
we  should  open  a  market  for  articles  manufactured 
in  our  own  country.  Then,  taking  both  views  of  the 
subject,  we  see  that  it  is  an  advantage  to  the  manu 
facturing  interest,  and  that  it  is  also  an  advantage 
to  the  Government,  so  far  as  imports  are  concerned. 
I  should  like  to  know,  then,  where  can  the  objection 
be,  upon  the  score  of  revenue. 

But,  Mr.  President,  the  question  of  dollars  and 
cents  is  of  no  consideration  to  me.  The  money 
view  of  this  subject  does  not  influence  my  mind  by 
the  weight  of  a  feather.  I  think  it  is  clear,  though  ; 
and  this  view  has  been  presented  to  prove  to  Sena 
tors  that  this  bill  will  not  diminish,  but,  on  the  con 
trary,  will  increase  the  revenue. 

But  this  is  not  the  most  important  view  of  the 
subject.  When  you  look  at  our  country  as  it  is,  you 
see  that  it  is  very  desirable  that  the  great  mass  of  the 
people  should  be  interested  in  the  country.  By  this 
bill  you  provide  a  man  witli  a  home,  you  increase  the 
revenue,  you  increase  the  consumption  of  home 
manufactures,  and  you  make  him  a  better  man,  and 
you  give  him  an  interest  in  the  country.  His  condi 
tion  is  better.  There  is  no  man  so  reliable  as  he  who 
is  interested  in  the  welfare  of  his  country  ;  and  who 
are  more  interested  in  the  welfare  of  their  country 
than  those  who  have  homes  ?  When  a  man  has  a 
home,  he  has  a  deeper,  a  more  abiding  interest  in 
the  country,  and  he  is  more  reliable  in  all  things 
that  pertain  to  the  Government.  He  is  more  reli- 


34  THE   SPEECHES 

able  when  he  goes  to  the  ballot-box ;  he  is  more 
reliable  in  sustaining  in  every  way  the  stability  of 
our  free  institutions. 

It  seems  to  me  that  this,  without  the  other  con 
sideration,  would  be  a  sufficient  inducement.  When 
we  see  the  population  that  is  accumulating  about 
some  of  our  cities,  I  think  it  behooves  every  man 
who  is  a  statesman,  a  patriot,  and  a  philanthropist, 
to  turn  his  attention  to  this  subject.  I  have  lately 
seen  some  statistics  with  reference  to  the  city  of  New 
York,  in  which  it  is  assumed  that  one  sixth  of  the 
population  are  paupers  ;  that  two  sixths  of  the  popu 
lation  are  barely  able  to  sustain  themselves ;  leaving 
one  pauper  to  be  sustained  by  three  persons  in  every 
six  in  the  city  of  New  York.  Does  not  that  present 
a  frightful  state  of  things  ?  Suppose  the  population 
of  that  city  to  be  one  million  :  you  would  have  in 
the  single  city  of  New  York  one  hundred  and  sixty- 
six  thousand  paupers. 

I  do  not  look  upon  the  growth  of  cities  and  the 
accumulation  of  population  about  cities,  as  being  the 
most  desirable  objects  in  this  country.  I  do  not 
believe  that  a  large  portion  of  this  population,  even 
if  you  were  to  offer  them  homesteads,  would  ever 
go  to  them.  I  have  no  idea  that  they  would ; 
for  a  man  who  has  spent  most  of  his  life  about  a 
city,  and  has  sunk  into  a  pauperized,  condition,  is 
not  the  man  to  go  West,  reclaim  one  hundred  and 
sixty  acres  of  land,  and  reduce  it  to  cultivation. 
He  will  not  go  there  on  that  condition.  Though 


OF  ANDREW  JOHNSON.  35 

we  are  satisfied  of  this,  may  not  our  policy  be  such 
as  to  prevent,  as  far  as  practicable,  the  further  accu 
mulation  of  such  an  unproductive  population  about 
our  cities  ?  Let  us  try  to  prevent  their  future  ac 
cumulation  ;  let  these  live,  have  their  day,  and  pass 
away, —  they  will  ultimately  pass  away, —  but  let  our 
policy  be  such  as  to  induce  men  to  become  mechan 
ics  and  agriculturists.  Interest  them  in  the  country ; 
pin  them  to  the  soil ;  and  they  become  more  reliable 
and  sustain  themselves,  and  you  do  away  with  much 
of  the  pauperism  in  the  country.  The  population 
of  the  United  States  being  twenty-eight  millions,  if 
the  same  proportion  of  paupers  as  in  the  city  of  New 
York  existed  throughout  the  country,  you  would 
have  four  million  six  hundred  and  sixty-six  thou 
sand  paupers  in  the  United  States.  Do  we  want  all 
our  population  to  become  of  that  character?  Do 
we  want  cities  to  take  control  of  this  Government  ? 
Unless  the  proper  steps  be  taken,  unless  the  proper 
direction  be  given  to  the  future  affairs  of  this  Govern 
ment,  the  cities  are  to  take  charge  of  it  and  control 
it.  The  rural  population,  the  mechanical  and  agri 
cultural  portions  of  this  community,  are  the  very 
salt  of  it.  They  constitute  the  "  mud-sills,"  to  use  a 
term  recently  introduced  here.  They  constitute  the 
foundation  upon  which  the  Government  rests  ;  and 
hence  we  see  the  state  of  things  before  us.  Should 
we  not  give  the  settlement  of  our  public  lands  and 
the  population  of  our  country  that  direction  which 
will  beget  and  create  the  best  portion  of  the  popu 
lation  ?  Is  it  not  fearful  to  think  of  four  million 


36  THE  SPEECHES 

six  hundred  and  sixty-six  thousand  paupers  in  the 
United  States,  at  the  rate  they  have  them  in  the  city 
of  New  York?  Mr.  Jefferson  never  said  a  truer 
thing  than  when  he  declared  that  large  cities  were 
eye-sores  in  the  body-politic :  in  democracies  they 
are  consuming  cancers. 

I  know  the  idea  of  some  is  to  build  up  great 
populous  cities,  and  that  thereby  the  interests  of  the 
country  are  to  be  promoted.  Sir,  a  city  not  only 
sinks  into  pauperism,  but  into  vice  and  immorality 
of  every  description  that  can  be  enumerated ;  and  I 
would  not  vote  for  any  policy  that  I  believed  would 
build  up  cities  upon  this  principle.  Build  up  your 
villages,  build  up  your  rural  districts,  and  you  will 
have  men  who  rely  upon  their  own  industry,  who 
rely  upon  their  own  efforts,  who  rely  upon  their  own 
ingenuity,  who  rely  upon  their  own  economy  and 
application  to  business  for  a  support ;  and  these  are 
the  people  whom  you  have  to  depend  upon.  Why, 
Mr.  President,  how  was  it  in  ancient  Rome  ?  I 
know  there  has  been  a  great  deal  said  in  denuncia 
tion  of  agrarianism  and  the  Gracchi.  It  has  been 
said  that  a  doctrine  something  like  this  led  to  the 
decline  of  the  Roman  empire ;  but  the  Gracchi 
never  had  their  day  until  a  cancerous  influence  had 
destroyed  the  very  vitals  of  Rome ;  and  it  was  the 
destruction  of  Rome  that  brought  forth  Tiberius 

O 

Gracchus.  It  was  to  prevent  land  monopoly,  not 
agrarianism,  in  the  common  acceptation  of  the  term, 
—  which  is  dividing  out  lands  that  had  been  ac 
quired  by  individuals.  They  sought  to  take  back 


OF  ANDREW  JOHNSON.  37 

and  put  in  the  possession  of  the  great  mass  of  the 
people  that  portion  of  the  public  domain  which  had 
been  assumed  by  the  capitalists,  who  had  no  title  to 
it  in  fact.  The  Gracchi  tried  to  carry  out  this 
policy,  —  to  restore  that  which  had  been  taken  from 
the  people.  The  population  had  sunk  into  the  con 
dition  of  large  proprietors  on  the  one  hand,  and 
dependants  on  the  other ;  and  when  this  dependent 
condition  was  brought  about,  as  we  find  from  Nie- 
buhr's  History,  the  middle  class  of  the  community 
was  all  gone  ;  it  had  left  the  country ;  there  was 
nothing  but  an  aristocracy  on  the  one  hand,  and  de 
pendants  upon  that  aristocracy  on  the  other ;  and 
when  this  got  to  be  the  case,  the  Roman  empire 
went  down. 

Having  this  illustrious  example  before  us,  we 
should  be  warned  by  it.  Our  true  policy  is  to  build 
up  the  middle  class,  to  sustain  the  villages,  to 
populate  the  rural  districts,  and  let  the  power  of 
this  Government  remain  with  the  middle  class.  I 
want  no  miserable  city  rabble  on  the  one  hand  ; 
I  want  no  pampered,  bloated,  corrupted  aristocracy 
on  the  other.  I  want  the  middle  portion  of  society 
to  be  built  up  and  sustained,  and  to  let  them  have 
the  control  of  the  Government.  I  am  as  much  op 
posed  to  agrarianism  as  any  Senator  on  this  floor, 
or  any  individual  in  the  United  States  ;  and  this 
bill  does  not  partake  in  the  slightest  degree  of  agra 
rianism  ;  but,  on  the  contrary,  it  commences  with 
men  at  the  precise  point  where  agrarianism  ends, 


38  THE  SPEECHES 

and  it  carries  them  up  in  an  ascending  line,  while 
that  carries  them  down.  It  gives  them  an  interest 
in  their  country,  an  interest  in  public  affairs ;  and 
when  you  are  involved  in  war,  in  insurrection, 
or  rebellion,  or  danger  of  any  kind,  they  are  the 
men  who  are  to  sustain  you.  If  you  should  have 
occasion  to  call  volunteers  into  the  service  of  the 
country,  you  will  have  a  population  of  men  hav 
ing  homes,  having  wives  and  children  to  care  for, 
who  will  defend  their  hearth-stones  when  invaded. 
What  a  sacred  thing  it  is  to  a  man  to  feel  that  he 

O 

has  a  hearth-stone  to  defend,  a  home,  and  a  wife 
and  children  to  care  for,  and  to  rest  satisfied  that 
they  have  an  abiding  place.  Such  a  man  is  inter 
ested  individually  in  repelling  invasion ;  he  is  inter 
ested  individually  in  having  good  government. 

I  know  there  are  many,  and  even  some  in  the 
Democratic  ranks,  whose  nerves  are  a  little  timid 
in  regard  to  trusting  the  people  with  too  much 
power.  Sir,  the  people  are  the  safest,  the  best, 
and  the  most  reliable  lodgment  of  power,  if  you 
have  a  population  of  this  kind.  Keep  up  the  mid 
dle  class ;  lop  off  an  aristocracy  on  the  one  hand, 
and  a  rabble  on  the  other ;  let  the  middle  class 
maintain  the  ascendency,  let  them  have  the  power, 
and  your  Government  is  always  secure.  Then 
you  need  not  fear  the  people.  I  know,  as  I  have 
just  remarked,  that  some  are  timid  in  regard  to 
trusting  the  people  ;  but  there  can  be  no  danger 
from  a  people  who  are  interested  in  their  Govern- 


OF  ANDREW  JOHNSON.  39 

ment,  who  have  homes  to  defend,  and  wives  and 
children  to  care  for.  Even  if  we  test  this  propo 
sition  by  that  idea  of  self-interest  which  is  said  to 
govern  and  control  man,  I  ask  you  if  a  man,  who 
has  an  interest  in  his  country,  is  not  more  reli 
able  than  one  who  has  none  ?  Is  not  a  man  who 
is  adding  to  the  wrealth  of  his  country  more  reli 
able  than  one  who  is  simply  a  consumer  and  has 
no  interest  in  it  ?  If  we  suppose  a  man  to  be  gov- 
erned  only  by  the  principle  of  self-interest,  is  he 
not  more  reliable  when  he  has  a  stake  in  the  coun 
try,  and  is  it  not  his  interest  to  promote  and  ad 
vance  his  own  condition  ?  Is  it  not  the  interest 
of  the  great  mass  to  have  everything  done  rightly 
in  reference  to  Government  ?  The  great  mass  of 
the  people  hold  no  office  ;  they  expect  nothing  from 
the  Government.  The  only  way  they  feel,  and 
know,  and  understand  the  operations  of  the  Gov 
ernment  is  in  the  exactions  it  makes  from  them. 
When  they  are  receiving  from  the  Government 
protection  in  common,  it  is  their  interest  to  do 
right  in  all  governmental  affairs  ;  and  that  being 
their  interest,  they  are  to  be  relied  upon,  even  if 
you  suppose  men  to  be  actuated  altogether  by  the 
principle  of  self-interest.  It  is  the  interest  of  the 
middle  class  to  do  right  in  all  governmental  affairs ; 
and  hence  they  are  to  be  relied  upon.  Instead  of 
requiring  you  to  keep  up  your  armies,  your  mounted 
men,  and  your  footmen  on  the  frontier,  if  you  will 
let  the  people  go  and  possess  this  public  land  on  the 


40  THE  SPEECHES 

conditions  proposed  in  this  bill,  you  will  have  an 
army  on  the  frontier  composed  of  men  who  will 
defend  their  own  firesides,  who  will  take  care  of 
their  own  homes,  and  will  defend  the  other  portions 
of  the  country,  if  need  be,  in  time  of  war. 

I  would  remark  in  this  connection,  that  the  pub 
lic  lands  have  paid  for  themselves.     According  to 
•i  & 

the  report  of  Mr.  Stuart  of  Virginia,  the  Secre 
tary  of  the  Interior  in  1850,  it  was  shown  that 
then  the  public  lands  had  paid  for  themselves,  and 
sixty  millions  over.  We  have  received  into  the 
treasury  since  that  time  about  thirty-two  million 
dollars  from  the  public  lands.  They  have,  there 
fore,  already  paid  the  Government  more  than  they 
cost,  and  there  can  be  no  objection  to  this  bill  on 
the  ground  that  the  public  lands  have  been  bought 
with  the  common  treasure  of  the  whole  country. 
Besides,  this  bill  provides  that  each  individual  mak 
ing  an  entry  shall  pay  all  the  expenses  attending  it. 
We  see,  then,  Mr.  President,  the  effect  this  pol 
icy  is  to  have  on  population.  Let  me  ask  here, — 
looking  to  our  popular  elections,  looking  to  the 
proper  lodgment  of  power,  —  is  it  not  time  that  we 
had  adopted  a  policy  which  would  give  us  men 
interested  in  the  affairs  of  the  country  to  control 
and  sway  our  elections  ?  It  seems  to  me  that  this 
cannot  long  be  debated  ;  the  point  is  too  clear. 
The  agricultural  and  mechanical  portion  of  the 
community  are  to  be  relied  upon  for  the  preserva 
tion  and  continuance  of  this  Government.  The 


OF  ANDREW 'JOHNSON.  41 

great  mass  of  the  people,  the  great  middle  class, 
are  honest.  They  toil  for  their  support,  accept 
ing  no  favor  from  Government.  They  live  by 
labor.  They  do  not  live  by  consumption,  but  by 
production  ;  and  we  should  consume  as  small  a 
portion  of  their  production  as  it  is  possible  for  us 
to  consume,  leaving  the  producer  to  appropriate 
to  his  own  use  and  benefit  as  much  of  the  product 
of  his  own  labor  as  it  is  possible  in  the  nature  of 
things  to  do.  The  great  mass  of  the  people  need 
advocates  —  men  who  are  honest  and  capable,  who 
are  willing  to  defend  them.  How  much  legislation 
is  done  for  classes,  and  how  little  care  seems  to  be 
exercised  for  the  great  mass  of  the  people.  When 
we  are  among  our  constituents,  it  is  very  easy  to 
make  appeals  to  the  people  and  professions  of  patri 
otism,  and  then  —  I  do  not  mean  to  be  personal  or 
invidious  —  it  is  very  easy,  when  we  are  removed 
from  them  a  short  distance,  to  forget  the  people 
and  legislate  for  classes,  neglecting  the  interest  of 
the  great  mass.  The  mechanics  and  agriculturists 
are  honest,  industrious,  and  economical.  Let  it 
not  be  supposed  that  I  am  against  learning  or  edu 
cation,  but  I  might  speak  of  the  man  in  the  rural 
districts  in  the  language  of  Pope,  — 

"  Unlearned,  he  knew  no  schoolman's  subtle  art, 
No  language  but  the  language  of  the  heart; 
By  nature  honest,  by  experience  wise; 
Healthy  by  temperance  and  exercise." 

This   is   the  kind   of  men  whom  we   must   rely 
upon.     Let  your  public  lands  be  settled  ;   let  them 

4* 


42  THE  SPEECHES 

be  filled  up  ;  let  honest  men  become  cultivators 
and  tillers  of  the  soil,  I  do  not  claim  to  be  pro 
phetic,  but  I  have  sometimes  thought  that  if  we 
would  properly  direct  our  legislation  in  reference 
to  our  public  lands  and  our  other  public  policy,  the 
time  would  come  when  this  would  be  the  greatest 
government  on  the  face  of  the  earth.  Go  to  the 
great  valley  of  the  Mississippi  ;  take  the  western 
slope  of  the  mountains  to  the  Pacific  Ocean  ;  take 
the  whole  area  of  this  country,  and  we  find  that 
we  have  over  three  million  square  miles.  Throw 
off  one  fourth  as  unfit  for  cultivation,  reducing  the 
area  of  the  United  States  to  fifteen  hundred  million 
acres,  and  by  appropriating  three  acres  to  a  person, 
it  will  sustain  a  population  of  over  five  hundred 
million  people ;  and  I  have  no  doubt,  if  this  conti 
nent  was  strained  to  its  utmost  capacity,  it  could 
sustain  the  entire  population  of  the  world.  Let  us 
go  on  and  carry  out  our  destiny  ;  interest  men  in 
the  soil ;  let  your  vacant  land  be  divided  equally 
so  that  men  can  have  homes ;  let  them  live  by  their 
own  industry  ;  and  the  time  will  come  when  this 
will  be  the  greatest  nation  on  the  face  of  the  earth. 
Let  agriculture  and  the  mechanic  arts  maintain  the 
ascendency,  and  other  professions  and  pursuits  be 
subordinate  to  them,  for  on  these  two  all  others  rest. 
Since  the  crucifixion  of  our  Saviour,  emigration 
has  been  westward ;  and  the  poetic  idea  might 
have  started  long  before  it  did,  — 

"  Westward  the  star  of  empire  takes  its  way." 


OF  ANDREW    JOHNSON.  43 

It  has  been  taking  its  way  westward.  The  United 
States  are  filling  up.  We  are  going  on  to  the  Pa 
cific  coast.  Let  me  raise  the  inquiry  here,  when, 
in  the  history  of  mankind,  in  the  progress  of  na 
tions,  was  there  any  nation  that  ever  reached  the 
point  we  now  occupy  ?  When  was  there  a  nation 
in  its  progress,  in  its  settlement,  in  its  advance  in 
all  that  constitutes  and  makes  a  nation  great,  that 
occupied  the  position  we  nowT  occupy  ?  When 
was  there  any  nation  that  could  look  to  the  East 
and  behold  the  tide  of  emigration  coming,  and,  at 
the  same  time,  turn  around  and  look  to  the  mighty 
West,  and  behold  the  tide  of  emigration  approach 
ing  from  that  direction.  The  waves  of  emigration 
have  usually  been  running  in  one  direction,  but 
we  find  the  tide  of  emigration  now  changed,  and 
we  are  occupying  a  central  position  on  the  globe. 
Emigration  is  coming  to  us  from  the  East  and  from 
the  West ;  and  when  our  vacant  territory  shall  be 
filled  up,  when  it  shall  reach  a  population  of  one 
hundred  and  fifty  or  five  hundred  millions,  who  can 
say  what  will  be  our  destiny  ? 

When  our  railroad  system  shall  progress  on 
proper  principles,  extending  from  one  extreme  of 
the  country  to  the  other,  like  so  many  arteries ; 
when  our  telegraphic  wires  shall  be  stretched 
along  them  as  the  nerves  in  the  human  frame,  and 
they  shall  run  in  parallel  lines,  and  be  crossed  at 
right  angles,  until  the  whole  globe,  as  it  were,  and 
especially  this  great  centre,  shall  be  covered  like 


44  THE  SPEECHES 

a  net-work  with  these  arteries  and  nerves ;  when 
the  face  of  the  globe  shall  flash  with  intelligence 
like  the  face  of  man  ;  we,  occupying  this  important 
point,  may  find  our  institutions  so  perfected,  science 
so  advanced,  that  instead  of  receiving  immigration, 
instead  of  receiving  nations  from  abroad,  this  will 
be  the  great  sensorium  from  which  our  notions  of 
religion,  our  notions  of  government,  our  improve 
ments  in  works  of  every  description  shall  radiate  as 
from  a  common  centre,  and  revolutionize  the  world. 

Who  dares  say  that  this  is  not  our  destiny,  if  we 
will  only  permit  it  to  be  fulfilled  ?  Then  let  us 
go  on  with  this  great  work  of  interesting  men  in 
becoming  connected  with  the  soil ;  interesting  them 
in  remaining  in  your  mechanic  shops ;  prevent  their 
accumulation  in  the  streets  of  your  cities  ;  and  in 
doing  this,  you  will  dispense  with  the  necessity  for 
all  your  pauper  system.  By  doing  this  you  enable 
each  community  to  take  care  of  its  own  poor.  By 
doing  this  you  destroy  and  break  down  the  great 
propensity  that  exists  with  men  to  hang  and  loiter 
and  perish  about  the  cities  of  the  Union,  as  is  done 
now  in  the  older  countries. 

It  is  well  enough,  Mr.  President,  to  see  where 
our  public  lands  have  been  going.  There  seems 
to  be  a  great  scruple  now  in  reference  to  the  ap 
propriation  of  lands  for  the  benefit  of  the  people  ; 
but  the  Federal  Government  has  been  very  lib 
eral  heretofore  in  granting  lands  to  the  States  for 
railroad  purposes.  We  can  pass  law  after  law, 


OF  ANDREW  JOHNSON.  45 

making  grant  after  grant  of  the  public  lands  to 
corporations,  without  alarming  any  one  here.  We 
have  already  granted  to  railroad  monopolies,  to 
corporations,  twenty-four  million  two  hundred  and 
forty-seven  thousand  acres.  Those  grants  hardly 
meet  with  opposition  in  Congress ;  but  it  seems  to 
be  very  wrong,  in  the  estimation  of  some,  to  grant 
lands  to  the  people  on  the  conditions  proposed  in 
the  bill  before  us.  We  find,  furthermore,  that 
there  have  been  granted  to  the  States,  as  swamp 
lands,  —  and  some  of  these  lands  will  turn  out  to  be 
the  most  productive  on  the  globe,  —  forty  million 
one  hundred  and  thirty-three  thousand  five  hun 
dred  and  sixty-five  acres. 

In  relation  to  the  public  lands,  and  the  grants 
which  have  been  made  by  the  Government,  I  have 
obtained  from  the  Commissioner  of  the  General 
Land-Office  several  tables,  which  I  now  submit. 

Estimate  of  the  Quantities  of  Land  which  will  inure   to  the 
Stales  under  Grants  for  Railroads,  up  to  June  30,  1857. 

States.  Acres.  Date  of  Law. 

Illinois 2,595,053 September  20,  1850. 

Missouri 1,815,435 June  10,  1852;   Feb.  9,  1853. 

Arkansas 1,465,297 February  9,  1853. 

Michigan 3,096,000 June  3/1856. 

Wisconsin 1,622,800 June  3,  1856. 

Iowa 3,456,000 May  15,  1856. 

Louisiana 1,102,560 June  3  and  Aug.  11,  1856. 

Mississippi  •  •  • «     950,400 August  11,  1856. 

Ahlvirm  1    01  q  qOO  5  Ma-V  l  7'  JunG  3'  and  Au£' 

•1,913,39          -  |Uj  1856.    March3?1857 

Florida 1,814,400 May  17,  1856. 

Minnesota 4,416,000 March  3,  1857. 


Total -..-24,247,335 


46  THE  SPEECHES 

Statement  showing  the  Quantity  of  Swamp-land  approved  to 

the  several  States,  up  to  30th  June,  1857. 
States.  Acres. 

Ohio 25,650.71 

Indiana 1,250,937.51 

Illinois .    1,369,140.72 

Missouri 3,615,966.57 

Alabama    2,595.51 

Mississippi 2,834,796.11 

Louisiana 7,601 ,535.46 

Michigan 5,465,232.41 

Arkansas 5,920,024.94 

Florida 10,396,982.47 

Wisconsin 1,650,712.10 

Total 40,133,564.51 

Estimate  of  unsold  and  unappropriated  Lands  in  each  of  the 
States  and  Territories,  including  surveyed  and  unsurveyed, 
offered  and  unoffered  Lands,  on  the  30th  June,  1856. 

States  and  Territo-  Number  of  quarter- 

ries.  Acres.  sections. 

Ohio 43,553.34  272 

Indiana 36,307.41  227 

Illinois 511,662.85  3,198 

Missouri 13,365,319.81  83,533 

Alabama 9,459,367.74  59,121 

Mississippi 5,519,390.69  34,496 

Louisiana 5,933,373.83  37,083 

Michigan 10,056,298.06  62,852 

Arkansas 15,609,542.84  97,560 

Florida 18,067,07-2.75  112,919 

Iowa 6,237,661.03  38,985 

Wisconsin 15,222,549.50  95,141 

California 113,682,436.00  710,515 

Minnesota  Ten  tory 82,502,608.33  515,641 


Oregon 
Washington 
New  Mexico 
Utah 
Nebraska  ' 
Kansas  '  ' 
Indian  * 


•118,913,241.31  743,208 

•  76,444,055.25  477,775 

•  155,210,804.00  970,067 

•  134,243,733.00  839,023 
206,984,747.00  1,293,655 

•  76,361,058.00  477,256 
42,892,800.00  268,080 


Total •  •  •  1,107,297,572.74      6,920,607 


OF  ANDREW  JOHNSOX.  47 

The  table  giving  the  estimated  quantity  of  all  our 
public  lands,  shows  the  feasibility  of  the  plan  in  favor 
of  which  I  have  been  speaking.  I  know  that  some 
gentlemen  from  the  Southern  States  object  to  this 
bill  because  they  fear  that  it  will  carry  emigrants 
from  the  free  States  into  those  States.  Well,  sir, 
on  this  point  I  have  drawn  some  conclusions  from 
figures,  which  I  will  present  to  the  Senate.  In  the 
State  of  Alabama  there  are  now  undisposed  of  fifty- 
nine  thousand  one  hundred  and  twTenty-one  quarter- 
sections  of  land.  I  ask  my  Southern  friends,  would 
it  not  be  better  if  a  man  in  the  State  of  Alabama 
would  select  a  quarter-section  there,  and  take  the 
two  hundred  dollars  it  would  have  cost  him,  and 
expend  it  there,  even  though  it  might  be  inferior 
land,  than  to  compel  him  to  pay  81.25  an  acre,  and 
emigrate  from  the  State  of  Alabama  to  a  place 
where  he  could  get  better  land  ?  If  you  compel 
him  to  pay  the  higher  price,  it  becomes  his  interest 
to  leave  his  native  State  ;  but  by  permitting  him  to 
take  the  land  and  expend  on  its  improvement  what 
he  would  otherwise  have  to  pay,  and  what  it  would 
cost  him  to  move,  the  chances  are  that  he  will 
remain  where  he  is.  In  the  State  of  Mississippi 
here  are  thirty-four  thousand  four  hundred  and 
ninety-six  quarter-sections ;  in  Louisiana,  thirty- 
seven  thousand ;  in  Arkansas,  ninety-seven  thou 
sand  ;  in  Florida,  one  hundred  and  twelve  thousand. 
Altogether,  the  quarter-sections  of  public  lands 
belonging  to  the  Government  amount  to  six  million 


48  THE  SPEECHES 

nine  hunch1  sd  and  twenty  thousand.  How  feasible 
the  plan  is.  I  have  shown,  too,  that  it  would  take 
over  six  hundred  years  to  dispose  of  the  public  lands 
at  the  rate  we  have  been  disposing  of  them,  and  that 
if  you  take  one  million  quarter-sections  and  have 
them  settled  and  cultivated,  you  will  obtain  more 
revenue,  and  you  will  enhance  the  remaining  public 
lands  more  than  the  value  of  those  the  Government 
gives. 

I  live  in  a  Southern  State  ;  and,  if  I  know  my 
self,  I  am  as  good  a  Southern  man  as  any  one  who 
lives  within  the  borders  of  the  South.  It  seems  to 
be  feared  that  by  this  bill  we  compel  men  to  go  on 
the  lands.  I  want  to  compel  no  man  to  go.  I  want 
to  leave  each  and  every  man  to  be  controlled  by  his 
own  inclination,  by  his  own  interest,  and  not  to 
force  him  ;  but  is  it  statesmanlike,  is  it  philanthropic, 
is  it  Christian,  to  keep  a  man  in  a  State,  and  refuse 
to  let  him  go,  because,  if  he  does  go,  he  will  help 
to  populate  some  other  portion  of  the  country  ?  If 
a  man  lives  in  the  county  in  which  I  live,  and  he 
can,  by  crossing  the  line  into  another  county,  better 
his  condition*  I  say  let  him  go.  If,  by  crossing  the 
boundary  of  my  State  and  going  into  another,  he 
can  better  his  condition,  I  say  let  him  go.  If  a  man 
can  go  from  Tennessee  into  Illinois,  or  Louisiana,  or 
Mississippi,  or  Arkansas,  or  any  other  State,  and 
better  his  condition,  let  him  go.  I  care  not  where 
he  goes,  so  that  he  locates  himself  in  this  great  area 
of  freedom,  becomes  attached  to  our  institutions, 


OF  ANDREW  JOHNSON.  49 

and  interested  in  the  prosperity  and  welfare  of  the 
country.  *  I  care  not  where  he  goes,  so  that  he 
is  under  the  protection  of  our  Stars  and  Stripes.  I 
say,  let  him  go  where  he  can  better  the  condition  of 
himself,  his  wife,  and  children  ;  let  him  go  where 
he  can  receive  the  greatest  remuneration  for  his  toil 
and  for  his  labor.  What  kind  of  a  policy  is  it  to 
say  that  a  man  shall  be  locked  up  where  he  was 
born,  and  shall  be  confined  to  the  place  of  his  birth  ? 
Take  the  State  of  North  Carolina,  represented 
by  the  honorable  Senator  before  me,1  —  and  I  have 
no  doubt  it  is  his  intention  to  represent  that 
people  to  their  satisfaction,  —  would  it  have  been 
proper  to  require  the  people  of  North  Carolina, 
from  her  early  settlement  to  the  present  time,  to  be 
confined  within  her  boundaries  ?  Would  they  not 
have  looked  upon  it  as  a  hard  sentence  ?  Would 
they  not  have  looked  upon  it  as  oppressive  and 
cruel  ?  North  Carolina  has  supplied  the  Western 
States  with  a  large  proportion  of  her  population,  for 
the  reason  that  by  going  West  they  could  better 
their  condition.  Who  would  prevent  them  from 
doing  it  ?  Who  would  say  to  the  poor  man  in  North 
Carolina,  that  has  no  land  of  his  own  to  cultivate, 
that  lives  upon  some  barren  angle,  or  some  piny 
plain,  or  in  some  other  State  upon  some  stony  ridge, 
that  he  must  plough  and  dig  the  land  appointed  to 
him  by  his  landlord,  and  that  he  is  not  to  emigrate 
to  any  place  where  he  can  better  his  condition  ? 

1  Mr.  Clingman. 


50  THE   SPEECHES 

What  is  his  prospect?  He  has  to  live  poor;  he 
has  to  live  hard ;  and,  in  the  end,  when  he  dies, 
poverty,  want,  is  the  only  inheritance  he  can  leave 
his  children.  There  is  no  one  who  has  a  higher 
appreciation  of  North  Carolina  than  I  have ;  she 
is  my  native  State.  I  found  it  to  be  my  interest 
to  emigrate,  and  I  should  have  thought  it  cruel  and 
hard  if  I  had  been  told  that  I  could  not  leave  her 
boundary.  Although  North  Carolina  did  not  afford 
me  the  advantages  of  education,  though  I  cannot 
speak  in  the  language  of  the  schoolmen,  and  call 
her  my  cherishing  mother,  yet,  in  the  language  of 
Cowper,  "  with  all  her  faults,  I  love  her  still."  She 
is  still  my  mother  ;  she  is  my  native  State ;  and  I 
love  her  as  such,  and  I  love  her  people,  too.  But 
what  an  idea  is  it  to  present,  as  influencing  the 
action  of  a  statesman,  that  people  may  not  emigrate 
from  one  State  to  another !  Sir,  I  say  let  a  man  go 
anywhere  within  the  boundaries  of  the  United  States 
where  he  can  better  his  condition. 

Mr.  President,  if  I  entertained  the  notions  that 
some  of  my  friends  who  oppose  this  bill  do,  I  should 
be  a  more  ardent  advocate  of  its  policy  than  I  am 
now,  if  that  were  possible.  My  friend  from  Ala 
bama  l  entertains  some  strange  notions  in  reference 
to  democracy  and  the  people  ;  and  in  his  speech  on 
the  fisheries  bill,  he  gave  this  proposition  a  kind  of 
side-blow,  a  lick  by  indirection.  I  do  not  object  to 
that ;  but  if  I  entertained  his  opinions,  I  should  be 

i  Mr.  Clay. 


OF  ANDREW  JOHNSON.  51 

a  more  determined  and  zealous  advocate  of  the 
policy  of  this  bill  than  I  am  now,  if  that  were  possi 
ble.  In  his  speech  upon  the  Lecompton  Constitution, 
that.  Senator,  in  speaking  of  the  powers  of  the  con 
vention  which  framed  the  Constitution,  said  :  — 

"  In  my  opinion,  they  would  have  acted  in  stricter  accordance 
with  the  spirit  and  genius  of  our  institutions  if  they  had  not 
submitted  it  in  whole  or  in  part  to  the  popular  vote.  Our 
governments  are  republics,  not  democracies.  The  people 
exercise  their  sovereignty  not  in  person  at  the  ballot-box,  but 
through  agents,  delegates,  or  representatives.  Our  fathers 
founded  republican  governments  in  preference  to  democra 
cies,  not  so  much  because  it  would  be  impracticable  as  because 
it  would  be  unwise  and  inexpedient  for  the  people  themselves 
to  assemble  and  adopt  laws." 

I  have  always  thought  the  general  idea  had  been 
that  it  was  not  practicable  to  do  everything  in  a 
strict  democratic  sense,  and  that  it  was  more  con 
vergent  for  the  people  to  appear  through  their  del 
egates.  But  the  Senator  said  further  :  — 

"  They  were  satisfied,  from  reading  and  reflection,  of  the 
truth  of  Mr.  Madison's  observation  about  pure  democracies, 
that  they  '  have  ever  been  spectacles  of  turbulence  and  con 
tention  ;  have  ever  been  found  incompatible  with  personal 
security,  or  the  rights  of  property ;  and  have  in  general  been 
as  short  in  their  lives  as  they  have  been  violent  in  their 
deaths.'  ...... 

"  They  knew  that  a  large  body  of  men  is  more 

liable  to  be  controlled  by  passion  or  by  interest  than  a  single 
individual,  and  is  more  apt  to  sacrifice  the  rights  of  the  minor 
ity,  because  it  can  be  done  with  more  impunity.  Hence  they 
endeavored  to  impose  restraints  upon  themselves.  Hence  they 
committed  the  making  of  all  their  laws,  organic  or  municipal, 


52  THE  SPEECHES 

to  their  delegates  or  representatives,  whose  crimes  they  could 
punish,  whose  errors  they  could  correct,  and  whose  powers 
they  could  reclaim. 

"  The  great  security  of  our  rights  of  life,  liberty,  and  prop 
erty,  is  in  the  responsibility  of  those  who  make  and  of  those 
who  execute  the  law.  Establish  as  a  principle  that,  to  give 
sanction  to  law,  it  must  be  approved  by  a  majority  at  the 
ballot-box,  and  you  take  away  this  security  and  surrender 
those  rights  to  the  most  capricious,  rapacious,  and  cruel  of 
tyrants.  I  regret  to  see  the  growing  spirit  in  Congress  and 
throughout  the  country  to  democratize  our  government ; 
to  submit  every  question,  whether  pertaining  to  organic  or 
municipal  laws,  to  the  vote  of  the  people.  This  is  sheer  rad 
icalism  ;  it  is  the  Red  Republicanism  of  revolutionary  France, 
which  appealed  to  the  sections  on  all  occasions,  and  not  the 
American  Republicanism  of  our  fathers.  Their  Republicanism 
was  stable  and  conservative  ;  this  is  mutable  and  revolutionary. 
Theirs  afforded  a  shield  for  the  minority;  this  gives  a  sword 
to  the  majority.  Theirs  defended  the  rights  of  the  weak  ;  this 
surrenders  them  to  the  power  of  the  strong.  God  forbid  that 
the  demagogism  of  this  day  should  prevail  over  the  philan 
thropic  and  philosophic  statesmanship  of  our  fathers." 

In  the  same  speech,  the  Senator  said,  — 
"Property  is   the   foundation  of  every   social   fabric.     To 

preserve,  protect,  and  perpetuate  rights  of  property,  society 

is  formed,  and  government  is  framed." 

Now,  if  I  entertained  these  notions,  I  should  un 
questionably  go  for  the  Homestead  Bill.  I  am  free 
to  say,  here,  that  I  do  not  hold  the  doctrine  ad 
vanced  by  the  honorable  gentleman  from  Alabama, 
to  the  extent  that  he  goes.  I  believe  the  people  are 
capable  of  self-government.  I  think  they  have 
demonstrated  it  most  clearly  ;  and  I  do  not  think 
the  Senator's  history  of  democracy  states  the  case  as 


OF  ANDREW  JOHNSON.  53 

it  should  be.  I  presume  in  the  Senator's  own  State 
the  people  acted  directly  upon  their  Constitution  at 
the  ballot-box.  That  is  the  organic  law.  If  they 
did  not  there,  they  have  done  so  in  most  of  the 
States  of  the  Union  ;  not,  perhaps,  in  their  original 
formation  of  their  governments,  but  as  the  people 
have  gone  on  and  advanced  in  popular  government. 
The  honorable  Senator  seems  to  be  opposed  to 
democratizing,  —  in  other  words,  he  is  opposed  to 
popularizing  our  institutions  ;  he  is  afraid  to  trust 
the  control  of  things  to  the  people  at  the  balfot-box. 
Why,  sir,  the  organic  law  which  confers  all  the 
power  upon  your  State  legislatures,  creates  the 
different  divisions,  different  departments  of  the  State. 
The  government  is  controlled  at  the  ballot  -  box, 
and  the  doctrine  set  forth  in  the  Constitution  of 
Alabama  is,  that  the  people  have  a  right  to  abolish 
and  change  their  form  of  government  when  they 
think  proper.  The  principle  is  clearly  recognized  ; 
and  on  this  my  honorable  friend  and  myself  differ 
essentially.  I  find  a  similar  doctrine  laid  down  in  a 
pamphlet  which  I  have  here  :  — 

"  In  the  convention  that  framed  the  Constitution  of  the 
United  States,  Gouverneur  Morris  said,  that  '  Property  is  the 
main  object  of  society.'  Mr.  King  said,  '  Property  is  the 
primary  object  of  society.'  Mr.  Butler  contended  strenuous 
ly  that  '  Property  was  the  only  just  measurer  of  representa 
tion.  This  was  the  great  object  of  government;  the  great 
cause  of  war ;  the  great  means  of  carrying  it  on.'  Mr. 
Madison  said,  that '  In  future  times  a  great  majority  of  the' 
people  will  not  only  be  without  landed,  but  any  other  sort  of 
property.  These  will  either  combine  under  the  influence  of 
5* 


54  THE   SPEECHES 

their  common  situation,  —  in  which  case  the  right  of  property 
and  the  public  liberty  will  not  be  secure  in  their  hands,  — 
or,  what  is  more  probable,  they  will  become  the  tools  of  opu 
lence  and  ambition.'  Gouverneur  Morris  again  said,  '  Give  the 
votes  to  the  people  who  have  no  property,  and  they  will  sell 
them  to  the  rich  who  will  be  able  to  buy  them.  We  should 
not  confine  our  attention  to  the  present  moment.  The  time 
is  not  far  distant  when  this  country  will  abound  with  mechanics 
and  manufacturers,  who  will  receive  their  bread  from  their 
employers.  Will  such  men  be  the  secure  and.faithful  guardians 
of  liberty  ? '  Madison  remarks,  that  those  who  opposed  the 
property  basis  of  representation,  did  so  on  the  ground  that  the 
number  of  people  was  a  fair  index  to  the  amount  of  property 
in  any  district." 

These  are  not  notions  entertained  by  me ;  but 
they  are  important  as  the  notions  of  some  of  our 
public  men  at  the  early  formation  of  our  Govern 
ment.  I  entertain  no  such  notions.  If,  however, 
the  Senator  from  Alabama  holds  that  property  is 
the  main  object  and  basis  of  society,  he,  above  all 
other  men,  ought  to  go  for  this  bill,  so  as  to  place 
every  man  in  the  possession  of  a  home  and  an 
interest  in  his  country.  The  very  doctrine  that  he 
lays  down  appeals  to  him  trumpet-tongued,  and  asks 
him  to  place  these  men  in  a  condition  where  they 
can  be  relied  upon.  His  argument  is  unanswerable, 
if  it  be  true,  in  favor  of  the  Homestead  Bill.  It  is 
taking  men  out  of  a  dependent  condition  ;  it  is  pre 
venting  this  Government  from  sinking  into  that  con- 
.dition  that  Rome  did  in  her  decline.  I  ask  him 
now,  if  he  entertains  these  opinions,  as  promulgated 
in  his  speech,  to  come  up  and  join  with  us  in  the 


OF   ANDREW  JOHNSON.  55 

passage  of  this  bill,  and  make  every  man,  if  possible, 
a  property-holder,  interested  in  his  country  ;  give 
him  a  basis  to  settle  upon,  and  make  him  reliable  at 
the  ballot-box. 

His  speech  is  a  fine  production.  I  heard  it  with 
interest  at  the  time  it  was  delivered.  I  hold  the 
opposite  to  him.  Instead  of  the  voice  of  the  people 
being  the  voice  of  a  demon,  I  go  back  to  the  old 
idea,  and  I  favor  the  policy  of  popularizing  all  our  free 
institutions.  We  are  Democrats,  occupying  a  posi 
tion  here  from  the  South ;  we  start  together,  but 
we  turn  our  backs  upon  each  other  very  soon.  His 
policy  would  take  the  Government  further  from  the 
people.  I  go  in  a  direction  to  popularize  it,  and 
bring  it  nearer  to  the  people.  There  is  no  better 
illustration  of  this  than  that  old  maxim,  which  is 
adopted  in  all  our  ordinary  transactions,  that  "  if 
you  want  a  thing  done,  send  somebody  to  do  it ;  if 
you  want  it  well  done,  go  and  do  it  yourself."  It 
applies  with  great  force  in  governmental  affairs  as  in 
individual  affairs  ;  and  if  we  can  advance  and  make 
the  workings  and  operation  of  our  Government 
familiar  to  and  understood  by  the  people,  the  better 
for  us.  I  say,  when  and  wherever  it  is  practicable, 
let  the  people  transact  their  own  business ;  bring 
them  more  in  contact  with  their  Government,  and 
then  you  will  arrest  expenditure,  you  will  arrest 
corruption,  you  will  have  a  purer  and  better  gov 
ernment. 

I  hold  to  the  doctrine  that  man  can  be  advanced ; 


56  THE  SPEECHES 

that  man  can  be  elevated  ;  that  man  can  be  exalted 
in  his  character  and  condition  We  are  told,  on  high 
authority,  that  he  is  made  in  the  image  of  his  God ; 
that  he  is  endowed  with  a  certain  amount  of  divinity. 
And  I  believe  man  can  be  elevated ;  man  can  be 
come  more  and  more  endowed  with  divinity ;  and  as 
he  does  he  becomes  more  God-like  in  his  character 
and  capable  of  governing  himself.  Let  us  go  on 
elevating  our  people,  perfecting  our  institutions, 
until  democracy  shall  reach  such  a  point  of  perfec 
tion  that  we  can  exclaim  with  truth  that  the  voice 
of  the  people  is  the  voice  of  God. 

As  I  said,  I  have  entertained  different  notions  from 
those  inculcated  by  the  honorable  Senator.  If  I 
entertained  his  notions,  then  I  should  be  for  the 
Homestead.  I  hold  in  my  hand  a  document,  by 
which  it  was  proclaimed  in  1776,  — 

"  We  hold  these  truths  to  be  self-evident :  that  all  men  are 
created  equal ;  that  they  are  endowed  by  their  Creator  with 
certain  inalienable  rights ;  that  among  these  are  life,  liberty, 
and  the  pursuit  of  happiness ;  that  to  secure  these  rights  govern 
ments  are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed." 

Is  property  laid  down  there  as  the  great  element 
and  the  great  basis  of  society  ?  It  is  only  one  ;  and 
Mr.  Jefferson  laid  it  down  in  the  Declaration  of  In 
dependence,  that  it  was  a  self-evident  truth  that 
government  was  instituted  —  for  what  ?  To  protect 
men  in  life,  liberty,  and  the  pursuit  of  happiness. 
That  is  what  Mr.  Jefferson  said.  And  who  in- 


OF  ANDREW  JOHNSON.  57 

dorsed  it  ?  The  men  who  framed  the  Declara 
tion  of  Independence,  who  did  not  go  upon  the 
idea  that  property  was  the  only  element  of  society. 
The  doctrine  established  by  those  who  proclaimed 
our  independence,  was,  that  life,  liberty,  and  the 
pursuit  of  happiness  were  three  great  ends  of  gov 
ernment,  and  not  property  exclusively.  When  the 
declaration  came  forth  from  the  old  Congress  Hall, 
it  came  forth  as  a  column  of  fire  and  li^ht.  It 

O 

declared  that  the  security  of  life  and  liberty,  and 
the  pursuit  of  happiness,  were  the  three  great  ends 
of  government.  Mr.  Jefferson  says,  in  his  first  In 
augural  Address,  which  is  the  greatest  paper  that 
has  ever  been  written  in  this  Government,  —  and  I 
commend  it  to  the  reading  of  those  who  say  they  are 
Democrats,  by  way  of  refreshing  their  memories, 
that  they  may  understand  what  are  correct  Demo 
cratic  principles,  — 

u  Sometimes  it  is  said  that  man  cannot  be  trusted  with  the 

government  of  himself.  Can  he,  then,  be   trusted  with  the 

government  of  others  ?  Or  have  we  found  angels  in  the  form 

of  kings  to  govern  him.  Let  history  answer  this  question.  " 

Mr.  Jefferson  seems  to  think  man  can  be  trusted 
with  the  government  of  himself.  In  the  Declara 
tion  of  Independence  he  does  not  embrace  property ; 
in  fact,  it  is  not  referred  to.  But  I  am  willing  to 
concede  that  it  is  one  of  the  primary  and  elementary 
principles  in  government.  Mr.  Jefferson  declares 
the  great  truth  that  man  is  to  be  trusted  ;  that  man 
is  capable  of  governing  himself,  and  that  he  has  a 


58  THE  SPEECHES 

right  to  govern  himself.  In  the  same  Inaugural 
Address  of  Mr.  Jefferson,  we  find  the  passage  usually 
attributed  to  Washington's  Farewell  Address,  which 
has  got  universal  circulation,  —  that  we  should  pur 
sue  our  own  policy ;  that  we  should  promote  our 
own  institutions,  maintaining  friendly  relations  with 
all,  entangling  alliances  with  none.  Let  us  carry 
out  the  doctrines  of  the  Inaugural  Address  of  Mr. 
Jefferson  ;  let  us  carry  out  the  great  principles  laid 
down  in  the  Declaration  of  Independence,  which  this 
Homestead  Bill  embraces. 

But  I  wish  to  call  attention  to  some  other  author 
ity  on  this  subject.  As  contradistinguished  from  the 
views  of  the  Senator  from  Alabama,  I  present  the 
views  of  a  recent  writer 1  as  in  accordance  with  my 
own  notions  of  Democracy  :  — 

"  The  democratic  party  represents  the  great  principle  of 
progress.  It  is  onward  and  outward  in  its  movements.  It  has 
a  heart  for  action,  and  motives  for  a  world.  It  constitutes  the 
principle  of  diffusion,  and  is  to  humanity  what  the  centrifugal 
force  is  to  the  revolving  orbs  of  a  universe.  What  motion  is  to 
them,  democracy  is  to  principle.  It  is  the  soul  in  action.  It 
conforms  to  the  providence  of  God.  It  has  confidence  in  man, 
and  an  abiding  reliance  in  his  high  destiny.  It  seeks  the 
largest  liberty,  the  greatest  good,  and  the  surest  happiness.  It 
aims  to  build  up  the  great  interests  of  the  many,  to  the  least 
detriment  of  the  few.  It  remembers  the  past,  without  neglect 
ing  the  present.  It  establishes  the  present,  without  fearing  to 
provide  for  the  future.  It  cares  for  the  weak,  while  it  permits 
no  injustice  to  the  strong.  It  conquers  the  oppressor,  and  pre 
pares  the  subjects  of  tyranny  for  freedom.  It  melts  the  bigot's 

1  Lamartine. 


OF  ANDREW  JOHNSON.  59 

heart  to  meekness,  and  reconciles  his  mind  to  knowledge.  It 
dispels  the  clouds  of  ignorance  and  superstition,  and  prepares 
the  people  for  instruction  and  self-respect.  It  adds  wisdom  to 
legislation,  and  improved  judgment  to  government.  It  favors 
enterprise  that  yields  a  reward  to  the  many  and  an  industry 
that  is  permanent.  It  is  the  pioneer  of  humanity  —  the  con 
servator  of  nations.  It  fails  only  when  it  ceases  to  be  true  to 
itself.  Vox  populi,  vox  Dei,  —  has  proved  to  be  both  a  prov 
erb,  and  a  prediction. 

"  It  is  a  mistake  to  suppose  that  democracy  may  not  be  ad 
vanced  under  different  forms  of  government.  Its  own,  it 
should  be  remembered,  is  the  highest  conventional  form,  that 
•which  precedes  the  lofty  independence  of  the  individual,  spoken 
of  by  the  Apostle  to  the  Hebrews,  who  will  need  government 
but  from  the  law  which  the  Lord  has  placed  in  his  heart. 

"  In  one  respect,  all  nations  are  governed  upon  the  same 
principle ;  that  is,  each  adopts  the  form  which  it  has  the  under 
standing  and  the  power  to  sustain.  There  is  in  all  a  greater 
or  lesser  powTer,  and  it  requires  no  profound  speculation  to 
decide  which  will  control.  A  tyrannical  dictator  may  do  more 
to  advance  the  true  interests  of  democracy  than  a  moderate 
sovereign  who  is  scrupulously  guarded  by  an  antiquated  con 
stitution  ;  for  the  tyrant  adds  vigor  to  his  opponents  by  his 
deeds  of  oppression. 

"  The  frequent  question  as  to  what  form  of  government  js 
best,  is  often  answered  without  any  reference  to  condition  or 
application  of  principles.  There  can  be  properly  but  one 
answer,  and  yet  the  application  of  that  answer  may  lead  to 
great  diversity  of  views. 

"  When  it  is  asserted  that  the  democratic  form  of  govern 
ment  is  unquestionably  the  best,  it  must  be  considered  that  the 
answer  not  only  designates  the  form  preferred,  but  implies  a 
confident  belief  in  the  advanced  condition  of  the  people  who 
are  to  be  the  subjects  of  it.  It  premises  the  capacity  for  self- 
control,  and  a  corresponding  degree  of  knowledge  in  regard  to 
the  rights,  balances,  and  necessities  of  society.  It  involves  a 


60  THE  SPEECHES 

discriminating  appreciation  of  the  varied  duties  of  the  man,  the 
citizen,  and  the  legislator.  It  presupposes  a  reasonable  knowl 
edge  of  the  legitimate  means  and  entls  of  government,  en 
larged  views  of  humanity,  and  of  the  elements  of  national 
existence. 

"  The  democratic  form  of  government  is  the  best,  because 
its  standard  of  moral  requisition  is  the  highest.  It  claims  for 
man  a  universality  of  interest,  liberty,  and  justice.  It  is  Chris 
tianity  with  its  mountain  beacons  and  guides.  It  is  the  stand 
ard  of  Deity  based  on  the  eternal  principles  of  truth,  passing 
through  and  rising  above  the  yielding  clouds  of  ignorance,  into 
the  regions  of  infinite  wisdom.  As  we  live  on,  this  'pillar  of  the 
cloud  by  day,  and  the  pillar  of  fire  by  night,'  will  not  be  taken 
from  before  the  people,  but  stand  immovable,  immeasurable, 
and  in  the  brightness  of  its  glory  continue  to  shed  increasing 
light  on  a  world  and  a  universe. 

"  The  great  objects  of  knowledge  and  moral  culture  of  the 
people  are  among  its  most  prominent  provisions.  Practical 
religion  and  religious  freedom  are  the  sunshine  of  its  growth 
and  glory.  It  is  the  sublime  and  mighty  standard  spoken  of 
by  the  Psalmist,  who  exclaims,  in  the  beautiful  language  of 
poetical  conception,  — 

"  '  The  Lord  is  high  above  all  nations,  and  his  glory  above 
the  heavens.  Who  is  like  unto  the  Lord  our  God,  who  dwelleth 
on  high ;  who  humbleth  himself  to  behold  the  things  that  are  in 
heaven  and  in  the  earth  ?  He  raiseth  up  the  poor  out  of  the 
dust,  and  lifteth  the  needy  out  of  the  dunghill,  that  he  may 
set  him  with  princes,  even  with  the  princes  of  the  people.' 

"  Democracy  is  a  permanent  element  of  progress,  and  is 
present  everywhere,  whatever  may  be  the  temporary  form  of 
the  ruling  power.  Its  inextinguishable  fires  first  burst  forth  in 
an  empire,  and  its  welcome  lights  cheer  the  dark  domains  or 
despotism.  While  tyrants  hate  the  patriot  and  exile  him 
from  their  contracted  dominions,  the  spirit  of  democracy  invests 
him  as  a  missionary  of  humanity,  and  inspires  him  with  an  elo 
quence  which  moves  a  world.  Its  lightning  rays  cannot  be 


OF  ANDREW  JOHNSON.  61 

hidden ;  its  presence  cannot  be  banished.  Dictators,  kings, 
and  emperors,  are  bi4  its  servants ;  and,  as  man  becomes 
elevated  to  the  dignity  of  self-knowledge  and  control,  their 
administration  ceases.  Their  rule  indicates  an  imperfect  state 
of  society,  and  may  be  regarded  as  the  moral  props  of  the 
builder,  necessary  only  to  sustain  a  people  in  their  different 
periods  of  growth.  One  cannot  speak  of  them  lightly,  nor  in 
dulge  in  language  that  should  seem  to  deny  their  fitness  as  the 
instruments  of  good  in  the  hands  of  Providence.  Their  true 
position  may  be  best  gathered  from  the  prediction  which  is 
based  upon  a  knowledge  of  the  past  and  present  condition  of 
man,  —  that  all  kingdoms  and  empires  must  cease  whenever  a 
people  have  a  knowledge  of  their  rights,  and  acquire  the  power 
of  a  practical  application  of  principles.  This  is  the  work  of 
time.  It  is  the  work  of  constant,  repeated  trial.  The  child 
that  attempts  to  step  an  hundred  times  and  falls ;  the  new- 
fledged  bird  that  tries  its  feeble  wings  again  and  again  before 
it  is  able  to  sweep  the  circle  of  the  sky  with  its  kindred  flock, 
indicate  the  simple  law  upon  which  all  strength  depends, 
whether  it  be  the  strength  of  an  insect,  or  the  strength  of  a 
nation. 

u  Because  a  people  do  not  succeed  in  changing  their  form  of 
government,  even  after  repeated  trinls,  we  are  not  to  infer 
that  they  are  indulging  in  impracticable  experiments,  nor  that 
they  will  be  disappointed  in  ultimately  realizing  the  great  ob 
jects  of  their  ambition.  Indeed,  all  failures  of  this  class  are 
indicative  of  progressive  endeavor.  They  imply  an  increasing 
knowledge  of  the  true  dignity  of  man,  and  a  growing  disposi 
tion  to  engage  in  new  and  more  and  more  difficult  endeavors. 
These  endeavors  are  but  the  exercise  of  a  nation,  and  without 
them,  no  people  can  ever  command  the  elements  of  national 
existence  and  of  self-control.  But  inquiries  in  regard  to  so 
extensive  a  subject  should  be  shaped  within  more  practical 
limits." 

"  The  triumphs  of  democracy  constitute  the  way-marks  of 
the  world.  They  demand  no  extraneous  element  of  endurance 
for  permanency,  no  fictitious  splendor  for  embellishment,  no 


62  THE  SPEECHES 

borrowed  greatness  for  glory.  Originating  in  the  inexhaust 
ible  sources  of  power,  moved  by  the  spirit  of  love  and  liberty, 
and  guided  by  the  wisdom  which  comes  from  the  instincts  and 
experience  of  the  immortal  soul,  as  developed  in  the  people, 
democracy  exists  in  the  imperishable  principle  of  progress, 
and  registers  its  achievements  in  the  institutions  of  freedom, 
and  in  the  blessings  which  characterize  and  beautify  the 
realities  of  life.  Its  genius  is  to  assert  and  advance  the  true 
dignity  of  mind,  to  elevate  the  motives  and  affections  of  man, 
and  to  extend,  establish,  protect,  and  equalize  the  common 
rights  of  humanity. 

"  Condorcet,  although  an  aristocrat  by  genius  and  by  birth, 
became  a  democrat  from  philosophy." 

A  few  years  since  a  Whig  member  of  the  United 
States  Senate  sneeringly  asked  Senator  Allen,  of 
Ohio,  the  question,  "  What  is  democracy  ?  "  The 
following  was  the  prompt  reply : 

"  Democracy  is  a  sentiment  not  to  be  appalled,  corrupted,  or 
compromised.  It  knows  no  baseness  ;  it  cowers  to  no  danger ; 
it  oppresses  no  weakness ;  destructive  only  of  despotism,  it  is 
the  sole  conservator  of  liberty,  labor,  and  property.  It  is  the 
sentiment  of  freedom,  of  equal  rights,  of  equal  obligations  — 
the  law  of  nature  pervading  the  law  of  the  land." 

"  '  What,  sir,'  asked  Patrick  Henry,  in  the  Virginia  Con 
vention  of  1778, '  is  the  genius  of  democracy  ?  Let  me  read 
that  clause  of  the  Bill  of  Rights  of  Virginia,  which  relates  to 
this  (third  clause)  :  That  government  is  or  ought  to  be  in 
stituted  for  the  common  benefit,  protection,  and  security  of  the 
people,  nation,  or  community ;  of  all  the  various  modes  and 
forms  of  gov3rnment,  that  is  best  which  is  capable  of  produ 
cing  the  greatest  degree  of  happiness  and  safety,  and  is  most 
effectually  secured  against  the  dangers  of  mal-administration  ; 
and  that  whenever  any  government  shall  be  found  inadequate 
or  contrary  to  those  principles,  or  contrary  to  those  purposes, 
a  majority  of  the  community  hath  an  indubitable,  inalienable, 


OF  ANDREW  JOHNSON.  63 

and  indefeasible  right  to  reform,  alter,  or  abolish  it,  in  such 
manner  as  shall  be  judged  the  most  conducive  to  the  public 
weal.' " ! 

In  the  same  convention  Judge  Marshall  said,  — 

"  What  are  the  favorite  maxims  of  democracy  ?  A  strict 
observance  of  justice  and  public  faith,  and  a  steady  adherence 
to  virtue  ;  -  -  these,  sir,  are  the  principles  of  a  good  govern 
ment."2 

" '  Democracy,'  says  the  late  Mr.  Legare,  of  South  Caro- 
lina,  in  an  article  published  in  the  '  New  York  Review,'  '  in  the 
high  and  only  true  sense  of  that  much-abused  word,  is  the  des 
tiny  of  nations,  because  it  is  the  spirit  of  Christianity.'"  3 

I  have  referred  to  the  remarks  of  the  Senator 
from  Alabama  to  show  that  if  his  doctrines  were 
true,  he  should  go  for  the  passage  of  the  Homestead 
Bill,  because,  in  order  to  sustain  the  Government  on 
the  principles  laid  down  by  him,  every  man  should 
be  a  property-holder.  I  want  it  understood  that  I 
enter  a  disclaimer  to  the  doctrine  presented  by  him, 
and  merely  present  his  argument  to  show  why  he, 
above  all  others,  ought  to  go  for  the  Homestead 
policy.  I  refer  to  Mr.  Legare,  Judge  Marshall, 
and  the  author  of  the  "History  of  Democracy," 
as  laying  down  my  notions  of  democracy,  as  con 
tradistinguished  from  those  laid  down  by  the  dis 
tinguished  Senator  from  Alabama.  We  are  both 
members  from  the  Democratic  party.  I  claim  to  be 
a  Democrat,  East,  West,.  North,  or  South,  or  any 
where  else.  I  have  nothing  to  diso-uise.  I  have  re- 

<T3  O 

ferred  to  the  Declaration  of  Independence,  and  to  Mr. 

1  Elliot's  Debates,  Vol.  III.  p.  77.  2  Ibid.  p.  223. 

3  Ibid.  Vol.  V.  p.  297. 


64  THE  SPEECHES 

Jefferson's  Inaugural  Address,  for  the  purpose  of 
showing  that  democracy  means  something  very  dif 
ferent  from  what  was  laid  down  by  the  distinguished 
Senator  from  Alabama.  I  furthermore  refer  to 
these  important  documents  to  show  that  property 
is  not  the  leading  element  of  government  and  of 
society.  Mr.  Jefferson  lays  down,  as  truths  to  be 
self-evident,  that  life,  liberty,  and  the  pursuit  of  hap 
piness  are  the  leading  essentials  of  government. 

But  it  is  not  my  purpose  to  dwell  longer  on  that ; 
and  I  wish  to  pass  to  the  speech  of  the  Senator  from 
South  Carolina.1  I  disagree  in  much  that  was  said 

O 

by  that  distinguished  Senator ;  and  I  wish  to  show 
that  he  ought  to  go  for  the  Homestead  policy,  so  as 
to  interest  every  man  in  the  country.  If  property 
is  the  leading  and  principal  element  on  which  society 
rests ;  if  property  is  the  main  object  for  which 
government  was  created,  the  gentlemen  who  are  the 
foremost,  the  most  zealous,  and  most  distinguished 
advocates  of  that  doctrine  should  sustain  the  Home 
stead  policy.  The  honorable  Senator  from  South 
Carolina,  in  his  speech  on  the  Lecompton  Constitu 
tion,  by  innuendo  or  indirection,  had  a  hit  at  the 
Homestead  —  a  side-blow.  He  said  :  — 

"  Your  people  are  awaking.  They  are  coming  here.  They 
are  thundering  at  our  doors  for  homesteads,  one  hundred  and 
sixty  acres  of  land  for  nothing ;  and  Southern  Senators  are 
supporting  them.  Nay,  they  are  assembling,  as  I  have  said, 
with  arms  in  their  hands,  and  demanding  work  at  $1000  a 
year  for  six  hours  a  day.  Have  you  heard  that  the  ghosts  of 

1  Mr.  Hammond. 


OF  ANDREW  JOHNSON.  65 

Mendoza  and  Torquemada  are  stalking  in  the  streets  of  your 
great  cities  ?     That  the  Inquisition  is  at  hand  ?  " 

If  this  be  true,  as  assumed  by  the  distinguished 
Senator  from  South  Carolina,  is  it  not  an  argument 
why  men  should  be  placed  in  a  condition  where 
they  will  not  clamor,  where  they  will  not  raise 
mobs  to  threaten  Government,  and  demand  home 
steads  ?  Interest  these  men  in  the  country  ;  give 
them  homes,  or  let  them  take  homes  ;  let  them  be 
come  producers  ;  let  them  become  better  citizens ; 
let  them  be  more  reliable  at  the  ballot-box.  I  want 
to  take  them  on  their  ground,  their  principle,  that 
property  is  the  main  element  of  society  and  of  gov 
ernment  ;  and  if  their  doctrine  be  true,  the  argu 
ment  is  still  stronger  in  favor  of  the  Homestead  than 
the  position  I  assume.  But  the  distinguished  Sena 
tor  from  South  Carolina  goes  on  :  — 

"  In  all  social  systems  there  must  be  a  class  to  do  the  menial 
duties,  to  perform  the  drudgery  of  life.  That  is,  a  class  re 
quiring  but  a  low  order  of  intellect,  and  but  little  skill.  Its 
requisites  are  vigor,  docility,  fidelity.  Such  a  class  you  must 
have,  or  you  would  not  have  that  other  class  which  leads 
progress,  civilization,  and  refinement.  It  constitutes  the  very 
mud-sill  of  society  and  of  political  government ;  and  you  might 
as  well  attempt  to  build  a  house  in  the  air,  as  to  build  either 
the  one  or  the  other,  except  on  this  mud-sill. 

" '  The  poor  ye  always  have  with  you ' ;  for  the  man  who 
lives  by  daily  labor,  and  scarcely  lives  at  that,  and  who  has  to 
put  out  his  labor  in  the  market,  and  take  the  best  he  can  get 
for  it  —  in  short,  your  whole  hireling  class  of  manual  laborers 
and  '  operatives,'  as  you  call  them,  are  essentially  slaves. 
The  difference  between  us  is,  that  our  slaves  are  hired  for  life 


66  THE  SPEECHES 

and  well  compensated  5  there  is  no  starvation,  no  begging,  no 
want  of  employment  among  our  people ;  and  not  too  much 
employment  either.  Yours  are  hired  by  the  day,  not  cared 
for,  and  scantily  compensated,  which  may  be  proved  in  the 
most  painful  manner,  at  any  hour,  in  any  street  in  any  of  your 
large  towns.  Why,  you  meet  more  beggars  in  one  day,  in 
any  single  street  of  the  city  of  New  York,  than  you  would 
meet  in  a  lifetime  in  the  whole  South.  We  do  not  think  that 
whites  should  be  slaves  either  by  law  or  necessity." 

In  this  portion  of  the  Senator's  remarks  I  concur. 
I  do  not  think  whites  should  be  slaves ;  and  if  sla 
very  is  to  exist  in  this  country,  I  prefer  black  slavery 
to  white  slavery.  But  what  I  want  to  get  at  is,  to 
show  that  my  worthy  friend  from  South  Carolina 
should  defend  the  Homestead  policy,  and  the  im 
policy  of  making  the  invidious  remarks  that  have 
been  made  here  in  reference  to  a  portion  of  the 
population  of  the  United  States.  Mr.  President,  so 
far  as  I  am  concerned,  I  feel  that  I  can  afford  to 
speak  what  are  rny  sentiments.  I  am  no  aspirant 
for  anything  on  the  face  of  God  Almighty's  earth. 
I  have  reached  the  summit  of  my  ambition.  The 
acme  of  all  my  hopes  has  been  attained,  and  I  would 
not  give  the  position  I  occupy  here  to-day  for  any 
other  in  the  United  States.  Hence,  I  say,  I  can 
afford  to  speak  what  I  believe  to  be  true. 

In  one  sense  of  the  term  we  are  all  slaves.  A 
man  is  a  slave  to  his  ambition  ;  he  is  a  slave  to  his 
avarice  ;  he  is  a  slave  to  his  necessities  ;  and,  in 
enumerations  of  this  kind,  you  can  scarcely  find  any 
man,  high  or  low  in  society,  but  who,  in  some  sense, 


OF   ANDREW  JOHNSON.  67 

is  a  slave ;  but  they  are  not  slaves  in  the  sense  we 
mean  at  the  South,  and  it  will  not  do  to  assume 
that  every  man  who  toils  for  his  living  is  a  slave. 
If  that  be  so,  all  are  slaves  ;  for  all  must  toil  more 
or  less,  mentally  or  physically.  But  in  the  other 
sense  of  the  term,  we  are  not  slaves.  Will  it  do  to 
assume  that  the  man  who  labors  with  his  hands, 
every  man  who  is  an  operative  in  a  manufacturing 
establishment  or  a  shop,  is  a  slave  ?  No,  sir  ;  that 
will  not  do.  Will  it  do  to  assume  that  every  man 
who  does  not  own  slaves,  but  has  to  live  by  his  own 
labor,  is  a  slave?  That  will  not  do.  If  this  were 
true,  it  would  be  very  unfortunate  for  a  good  many 
of  us,  and  especially  so  for  me.  I  am  a  laborer 
with  my  hands,  and  I  never  considered  myself  a 
slave,  in  the  acceptation  of  the  term  slave  in  the 
South.  I  do  own  some ;  I  acquired  them  by  my 
industry,  by  the  labor  of  my  hands.  In  that  sense 
of  the  term  I  should  have  been  a  slave  while  I 
was  earning  them  with  the  labor  of  my  hands. 

Mr.  HAMMOXD.    Will  the  Senator  define  a  slave? 

Mr.  JOHNSON.  What  we  understand  to  be  a 
slave  in  the  South,  is  a  person  who  is  held  to  ser 
vice  during  his  or  her  natural  life,  subject  to,  and 
under  the  control  of,  a  master  who  has  the  right  to 
appropriate  the  products  of  his  or  her  labor  to  his 
own  use.  The  necessities  of  life,  and  the  various 
positions  in  which  a  man  may  be  placed,  operated 
upon  by  avarice,  gain,  or  ambition,  may  cause  him 
to  labor;  but  that  does  not  make  a  slave.  How 


68  THE   SPEECHES 

many  men  are  there  in  society  who  go  out  and 
work  with  their  own  hands,  who  reap  in  the  field, 
and  mow  in  a  meadow,  who  hoe  corn,  who  work  in 
the  shops  ?  Are  they  slaves  ?  If  we  were  to  go 
back  and  follow  out  this  idea,  that  every  operative 
and  laborer  is  a  slave,  we  should  find  that  we  have 
had  a  great  many  distinguished  slaves  since  the 
world  commenced.  Socrates,  who  first  conceived 
the  idea  of  the  immortality  of  the  soul,  Pagan  as  he 
was,  labored  with  his  own  hands  ;  —  yes,  wielded 
the  chisel  and  the  mallet,  giving  polish  and  finish  to 
the  stone  ;  he  afterwards  turned  to  be  a  fashioner 
and  constructor  of  the  mind.  Paul,  the  great  ex 
pounder,  himself  was  a  tent-maker,  and  worked 
with  his  hands  :  was  he  a  slave  ?  Archimedes,  who 
declared  that,  if  he  had  a  place  on  which  to  rest 
the  fulcrum,  with  the  power  of  his  lever  he  could 
move  the  world :  was  he  a  slave  ?  Adam,  our 
great  father  and  head,  the  lord  of  the  world,  was  a 
tailor  by  trade  :  I  wonder  if  he  was  a  slave  ? 

When  we  talk  about  laborers  and  operatives,  look 
at  the  columns  that  adorn  this  chamber,  and  see 
their  finish  and  style.  We  are  lost  in  admiration 
at  the  architecture  of  your  buildings,  and  their  mas 
sive  columns.  We  can  speak  with  admiration. 
What  would  it  have  been  but  for  hands  to  con 
struct  it  ?  Was  the  artisan  who  worked  upon  it  a 
slave  ?  Let  us  go  to  the  South  and  see  how  the 
matter  stands  there.  Is  every  man  that  is  not  a 
slaveholder  to  be  denominated  a  slave  because  he 


OF  ANDREW  JOHNSON.  69 

labors  ?  Why  indulge  in  such  a  notion  ?  The 
argument  cuts  at  both  ends  of  the  line,  arrd  this 
kind  of  doctrine  does  us  infinite  harm  in  the  South. 
There  are  operatives  there  ;  there  are  laborers 
there  ;  there  are  mechanics  there.  Are  they  slaves  ? 
Who  is  it  in  the  South  that  gives  us  title  and  secur 
ity  to  the  institution  of  slavery?  Who  is  it,  let  me 
ask  every  Southerner  around  me  ?  Suppose,  for 
instance,  we  take  the  State  of  South  Carolina,  — 
and  there  are  many  things  about  her  and  her  people 
that  I  admire,  —  we  find  that  the  384,984  slaves  in 
South  Carolina  are  owned  by  how  many  whites  ? 
They  are  owned  by  25,556.  Take  the  State  of 
Tennessee,  with  a  population  of  800,000,  — 239,000 
slaves  are  owned  by  33,864  persons.  The  slaves  in 
the  State  of  Alabama  are  owned  by  29,295  whites. 
The  whole  number  of  slaveholders  in  all  the  slave 
States,  when  summed  up,  makes  347,000,  owning 
three  and  a  half  million  slaves.  The  white  popu 
lation  in  South  Carolina  is  274,000  ;  the  slaves 
greater  than  the  whites.  The  aggregate  population 
of  the  State  is  668,507. 

The  operatives  in  South  Carolina  are  68,549. 
Now,  take  the  25,000  slave-owners  out,  and  a  large 
proportion  of  the  people  of  South  Carolina  work 
with  their  hands.  Will  it  do  to  assume  that,  in  the 
State  of  South  Carolina,  the  State  of  Tennessee, 
the  State  of  Alabama,  and  the  other  slaveholding 
States,  all  those  who  do  not  own  slaves  are  slaves 
themselves  ?  Will  this  assumption  do  ?  What 


70  THE   SPEECHES 

does  it  do  at  home  in  our  own  States  ?  It  has  a 
tendency  to  raise  prejudice,  to  engender  opposition 
to  the  institution  of  slavery  itself.  Yet  our  own 
folks  will  do  it. 

Mr.  MASON.  Will  the  Senator  from  Tennessee 
allow  me  to  interrupt  him  for  a  moment  ? 

Mr.  JOHNSON.     Yes,  sir. 

Mr.  MASON.  The  Senator  is  making  an  exhibi 
tion  of  the  very  few  slaveholders  in  the  Southern 
States,  in  proportion  to  the  white  population,  ac 
cording  to  the  census.  That  is  an  exhibition  which 
has  been  made  before  by  Senators  who  sit  on  the 
other  side  of  the  Chamber.  They  have  brought 
before  the  American  people  what  they  allege  to  be 
the  fact,  shown  by  the  census,  that  of  the  white 
population  in  the  Southern  States,  there  are  very 
few  who  are  slaveholders.  The  Senator  from  Ten 
nessee  is  now  doing  the  same  thing.  I  understand 
him  to  say  there  are  but  some  —  I  do  not  remem 
ber  exactly  the  number,  but  I  think  three  hundred 
thousand  or  a  fraction  more  —  of  the  whites  in  the 
slaveholding  States,  who  own  three  million  slaves  ; 
but  he  made  no  further  exposition.  I  ask  the  Sen 
ator  to  state  the  additional  fact  that  the  holders  of 
the  slaves  are  the  heads  of  families  of  the  white 
population ;  and  neither  that  Senator  nor  those 
whose  example  he  has  followed  on  the  other  side, 
has  stated  the  fact  that  the  white  population  in  the 
Southern  States,  as  in  the  other  States,  embraces 
men,  women,  and  children.  He  has  exhibited  only 


OF  ANDREW  JOHNSON.  71 

the  number  of  slaveholders  who  are  heads  of  fam 
ilies. 

Mr.  JOHNSON.  The  Senator  says  I  have  not 
made  an  exhibit  of  the  fact.  The  Senator  inter 
rupted  me  before  I  had  concluded.  I  gave  way 
as  a  matter  of  courtesy  to  him.  Perhaps  his 
speech  would  have  had  no  place,  if  he  had  waited 
to  hear  me  a  few  moments  longer. 

Mr.  MASON.  I  shall  wait.  I  thought  the  Sen 
ator  had  passed  that  point. 

Mr.  JOHNSON.  I  was  stating  the  fact,  that  ac 
cording  to  the  census-tables  three  hundred  and 

O 

forty-seven  thousand  white  persons  owned  the 
whole  number  of  slaves  in  the  Southern  States. 
I  was  about  to  state  that  the  families  holding  these 
slaves  might  average  six  or  eight  or  ten  persons, 
all  of  whom  are  interested  in  the  products  of  slave- 
labor,  and  many  of  these  slaves  are  held  by  minors 
and  by  females.  I  was  not  alluding  to  the  matter 
for  the  purpose  the  Senator  from  Virginia  seems 
to  have  intimated,  and  I  should  have  been  much 
obliged  to  him  if  he  had  waited  until  he  heard  my 
application  of  these  figures.  I  wras  going  to  show 
that  expressions  like  those  to  which  I  have  alluded, 
operate  against  us  in  the  South,  and  I  was  follow 
ing  the  example  of  no  one.  I  was  taking  these 
facts  from  the  census-tables,  which  were  published 
by  order  of  Congress,  to  show  the  bad  policy  and 
injustice  of  declaring  that  the  laboring  portion  of 
our  population  were  slaves  and  menials.  Such 


72  THE  SPEECHES 

declarations  should  not  be  applied  to  the  people 
either  North  or  South.  I  wished  to  say  in  that 
connection,  that,  in  my  opinion,  if  a  few  men  at 
the  North  and  at  the  South,  who  entertain  extreme 
views  on  the  subject  of  slavery,  and  desire  to  keep 
up  agitation,  were  out  of  the  way,  the  great  mass 
of  the  people,  North  and  South,  would  go  on  pros 
perously  and  harmoniously  under  our  institutions. 

Sir,  carry  out  the  Homestead  policy,  attach  the 
people  to  the  soil,  induce  them  to  love  the  Govern 
ment,  and  you  will  have  the  North  reconciled  to 
the  South,  and  the  South  to  the  North,  and  we 
shall  not  have  invidious  doctrines  preached  to  stir 
up  bad  feelings  in  either  section.  I  know  that  in 
my  own  State,  and  in  the  other  Southern  States, 
the  men  who  do  not  own  slaves  are  among  the 

O 

first  to  take  care  of  the  institution.  They  will  sub 
mit  to  no  encroachment  from  abroad,  no  interfer 
ence  from  other  sections. 

I  have  said,  Mr.  President,  much  more  than  I 
intended  to  say,  and,  I  fear,  in  rather  a  desultory 
manner,  but  I  hope  I  have  made  myself  under 
stood.  I  heard  that  some  gentleman  was  going  to 
offer  an  amendment  to  this  bill,  providing  that  the 
Government  should  furnish  every  man  with  a  slave. 
So  far  as  I  am  concerned,  if  it  suited  him,  and  his 
inclination  led  him  that  way,  I  wish  to  God  every 
head  of  a  family  in  the  United  States  had  one  to 
take  the  drudgery  and  menial  service  off  his  family. 


OF  ANDREW  JOHNSON.  73 

I  would  have  no  objection  to  that ;  but  this  intima 
tion  was  intended  as  a  slur  upon  my  proposition. 
I  want  that  to  be  determined  by  the  people  of  the 
respective  States,  and  not  by  the  Congress  of  the 
United  States.  I  do  not  want  this  body  to  inter 
fere  by  innuendo  or  by  amendment,  prescribing 
that  the  people  shall  have  this  or  the  other.  I  de 
sire  to  leave  that  to  be  determined  by  the  people 
of  the  respective  States,  and  not  by  the  Congress 
of  the  United  States. 

I  hope,  Mr.  President,  that  this  bill  will  be 
passed.  I  think  it  involves  the  very  first  princi 
ples  of  the  Government :  it  is  founded  upon  states 
manship,  humanity,  philanthropy,  and  even  upon 
Christianity  itself.  I  know  the  argument  has  been 
made,  why  permit  one  portion  of  the  people  to  go 
and  take  some  of  this  land  and  not  another  ?  The 
law  is  in  general  terms  ;  it  places  it  in  the  power 
of  every  man  who  will  go  to  take  a  portion  of  the 
land.  The  Senator  from  Alabama  suggests  to  me 
that  a  person,  in  order  to  get  the  benefit  of  this  bill, 
must  prove  that  he  is  not  the  owner  of  other  land. 
An  amendment  was  yesterday  inserted  in  the  bill 
striking  out  that  provision.  Then  it  places  all  on 
an  equality  to  go  and  take.  Why  should  this  not 
be  done  ?  It  was  conceded  yesterday  that  the  land 
was  owned  by  the  people.  There  are  over  three 
million  heads  of  families  in  the  United  States  ;  and 
if  every  man  who  is  the  head  of  a  family  were  to 
take  a  quarter-section  of  public  land,  there  would 


74  THE  SPEECHES 

still  be  nearly  four  million  quarter-sections  left. 
If  some  people  go  and  take  quarter-sections,  it  does 
not  interfere  with  the  rights  of  others,  for  he  who 
goes  takes  only  a  part  of  that  which  is  his,  and 
takes  nothing  that  belongs  to  anybody  else.  The 
domain  belongs  to  the  whole  people  ;  the  equity  is 
in  the  great  mass  of  the  people  ;  the  Government 
holds  the  fee  and  passes  the  title,  but  the  beneficial 
interest  is  in  the  people.  There  are,  as  I  have 
said,  two  quarter-sections  of  land  for  every  head 
of  a  family  in  the  United  States,  and  we  merely 
propose  to  permit  a  head  of  a  family  to  take  one 
half  of  that  which  belongs  to  him. 

I  believe  the  passage  of  this  bill  will  strengthen 
the  bonds  of  the  Union.  It  will  give  us  a  better 
voting  population,  and  just  in  proportion  as  men 
become  interested  in  property,  they  will  become 
reconciled  to  all  the  institutions  of  property  in  the 
country,  in  whatever  shape  they  may  exist.  Take 
the  institution  of  slavery,  for  instance  :  would  you 
rather  trust  it  to  the  mercies  of  a  people  liable  to 
be  ruled  by  the  mobs  of  which  my  honorable 
friend  from  South  Carolina  spoke,  or  would  you 
prefer  an  honest  set  of  landholders  ?  Which  would 
be  the  most  reliable  ?  Which  would  guarantee  the 
greatest  security  to  our  institutions,  when  they 
come  to  the  test  of  the  ballot-box  ? 

Mr.  President,  I  hope  the  Senate  will  pass  this 
bill.  I  think  it  will  be  the  beginning;  of  a  new 

O  O 

state  of  things  —  a  new  era. 


OF  ANDREW  JOHNSON.  75 

So  far  as  I  am  concerned,  —  I  say  it  not  in  any 
spirit  of  boasting  or  egotism,  —  if  this  bill  were 
passed,  and  the  system  it  inaugurates  carried  out, 
of  granting  a  reasonable  quantity  of  land  for  a  man's 
family,  and  looking  far  into  the  future  I  could  see 
resulting  from  it  —  a  stable,  an  industrious,  a  hardy, 
a  Christian,  a  philanthropic  community,  I  should 
feel  that  the  great  object  of  my  little  mission  was 
fulfilled.  All  that  I  desire  is  the  honor  and  the 
credit  of  being  one  of  the  American  Congress  to 
consummate  and  to  carry  out  this  great  scheme 
that  is  to  elevate  our  race  and  to  make  our  insti 
tutions  more  permanent.  I  want  no  reputation 
as  some  have  insinuated.  You  may  talk  about 
Jacobinism,  Red  Republicanism,  and  so  on.  I 
pass  by  such  insinuations  as  the  idle  wind  which 
I  regard  not. 

a 

I  know  the  motives  that  prompt  me  to  action.  I 
can  go  back  to  that  period  in  my  own  history  when 
I  could  not  say  that  I  had  a  home.  This  being 
so,  when  I  cast  my  eyes  from  one  extreme  of  the 
United  States  to  the  other,  and  behold  the  great 
number  that  are  homeless,  I  feel  for  them.  I  be 
lieve  this  bill  would  put  them  in  possession  of 
homes  ;  and  I  want  to  see  them  realizing  that  sweet 
conception  when  each  man  can  proclaim,  "  I  have 
a  home  ;  an  abiding  place  for  my  wife  and  for  my 
children  ;  I  am  not  the  tenant  of  another ;  I  am 
my  own  ruler ;  and  I  will  move  according  to  my 
own  will,  and  not  at  the  dictation  of  another." 


76  THE  SPEECHES 

Yes,  Mr.  President,  if  I  should  never  be  heard  of 
again  on  the  surface  of  God's  habitable  globe,  the 
proud  satisfaction  of  having  contributed  my  little 
aid  to  the  consummation  of  this  great  measure  is 
all  the  reward  I  desire. 

The  people  need  friends.  They  have  a  great 
deal  to  bear.  They  make  all ;  they  do  all ;  but 
how  little  they  participate  in  the  legislation  of  the 
country  ?  All,  or  nearly  all,  of  our  legislation  is 
for  corporations,  for  monopolies,  for  classes,  and 
individuals  ;  but  the  great  mass  who  produce  while 
we  consume,  are  little  cared  for ;  their  rights  and 
interests  are  neglected  and  overlooked.  Let  us,  as 
patriots,  as  statesmen,  let  us  as  Christians,  consum 
mate  this  great  measure  which  will  exert  an  in 
fluence  throughout  the  civilized  world  in  fulfilling 
our  destiny.  I  thank  the  Senate  for  their  atten 
tion. 


OF  ANDREW  JOHNSON.  77. 


THE  CONSTITUTIONALITY  AND  RIGHTFUL- 
NESS   OF    SECESSION. 

SPEECH   DELIVERED   IN   THE    SENATE   OF   THE   UNITED    STATES,  ON 
TUESDAY   AND   WEDNESDAY,  DECEMBER   18   AND   19,   1860. 

The  question  pending  being  the  Joint  Resolution  introduced 
by  Mr.  Johnson,  on  Thursday,  the  13th  of  December,  1860, 
proposing  amendments  to  the  Constitution  of  United  States.1 

Mr.  PRESIDENT  :  By  the  joint  resolution  now  be 
fore  the  Senate,  three  amendments  to  the  Consti 
tution  of  the  United  States  are  proposed.  One 
proposes  to  change  the  mode  of  election  of  Presi 
dent  and  Vice-President  of  the  United  States  from 
the  electoral  college  to  a  vote  substantially  and 
directly  by  the  people.  The  second  proposes  that 
the  Senators  of  the  United  States  shall  be  elected 
by  the  people,  once  in  six  years,  instead  of  by  the 
Legislatures  of  the  respective  States.  The  third 
provides  that  the  Supreme  Court  shall  be  divided 
into  three  classes,  —  the  term  of  the  first  class  to 
expire  in  four  years  from  the  time  that  the  classifi 
cation  is  made  ;  of  the  second  class  in  eight  years  ; 
and  of  the  third  class  in  twelve  years  ;  and  as 
these  vacancies  occur  they  are  to  be  filled  by  per 
sons  chosen,  one  half  from  the  slave  States  and 
the  other  half  from  the  non-slaveholding  States, 

1  See  Appendix,  p.  1. 

7* 


.78  THE  SPEECHES 

thereby  taking  the  judges  of  the  Supreme  Court 
from  the  respective  divisions  of  the  country. 

Mr.  President,  if  these  amendments  had  been 
made,  and  the  Constitution  had  been  in  the  shape 
now  proposed,  I  think  the  difficulties  that  are  now 
upon  the  country  would  have  been  obviated.  It 
would  have  been  required  that  either  the  President 
or  the  Vice-President  should  be  taken  from  the 
South,  and  that  would  have  destroyed,  to  some  ex 
tent,  the  sectional  character  of  our  recent  election. 

The  next  provision  of  the  amendment  would  re 
quire  the  votes  cast  for  President  and  Vice-Presi 
dent  to  be  cast  by  districts ;  and  if  we  are  to  take 
as  an  indication  the  returns  to  the  House  of  Rep 
resentatives  of  a  majority  of  twenty-seven  against 
the  incoming  Administration,  it  is  pretty  conclu 
sive  that  a  President  differing  in  politics  and  sen 
timents  from  the  one  who  has  been  recently  elected 
would  have  been  chosen.  Each  district  would 
have  voted  directly  for  the  President  and  Vice- 
President  of  the  United  States.  The  individual 
having  a  majority  of  the  votes  in  that  district 
would  be  considered  as  receiving  one  electoral 
vote,  just  as  we  count  the  votes  for  one  member 
of  Congress.  Hence,  if  all  the  votes  in  the  re 
spective  districts  had  been  cast  on  the  same  prin 
ciple,  we  should  in  the  next  Congress  have  a 
majority  of  twenty-seven  in  opposition  to  the 
incoming  Administration  in  the  House  of  Rep 
resentatives  ;  for  they  would  have  given  us  a  ma- 


OF  ANDREW  JOHNSON.  79 

jority  in  the  electoral  colleges.  It  seems  to  me,  if 
these  propositions  were  adopted  and  made  a  part 
of  the  Constitution,  that,  to  a  very  great  extent, 
the  difficulty  and  complaint  that  are  now  manifested 
in  different  portions  of  the  country  would  be  ob 
viated,  and  especially  so  with  some  improvement 
or  modification  of  the  law  which  provides  for  the 
restoration  of  fugitives  from  labor. 

It  is  not  my  purpose,  sir,  to  discuss  these  prop 
ositions  to  amend  the  Constitution  in  detail  to-day, 
and  I  shall  say  but  little  more  in  reference  to  them 
and  to  their  practical  operation  ;  but,  as  we  are  now, 
as  it  were,  involved  in  revolution,  (for  there  is  a 
revolution,  in  fact,  upon  the  country,)  I  think  it 
behooves  every  man,  and  especially  every  one  occu 
pying  a  public  place,  to  indicate,  in  some  manner, 
his  opinions  and  sentiments  in  reference  to  the  ques 
tions  that  agitate  and  distract  the  public  mind.  I 
shall  be  frank  on  this  occasion  in  giving  my  views 
and  taking  my  position,  as  I  have  always  been  upon 
questions  that  involve  the  public  interest.  I  believe 
it  is  the  imperative  duty  of  Congress  to  make  some 
effort  to  save  the  country  from  impending  disso 
lution  ;  and  he  that  is  unwilling  to  make  an  effort 
to  preserve  the  Union,  or,  in  other  words,  to  pre 
serve  the  Constitution,  and  the  Union  as  an  incident 
resulting  from  the  preservation  of  the  Constitution, 
is  unworthy  of  public  confidence,  and  the  respect 
and  gratitude  of  the  American  people. 

In  most  that  I  shall  say  on  this  occasion,  I  shall 


80  THE  SPEECHES 

not  differ  very  essentially  from  my  Southern  friends. 
The  difference  will  consist  in  the  mode  and  manner 
by  which  this  great  end  is  to  be  accomplished. 
Some  of  our  Southern  friends  think  that  secession 
is  the  mode  by  which  these  ends  can  be  accom 
plished  ;  that  if  the  Union  cannot  be  preserved  in 
its  spirit,  by  secession  they  will  get  those  rights 
secured  and  perpetuated  that  they  have  failed  to 
obtain  within  the  Union. 

I  am  opposed  to  secession.  I  believe  it  is  no 
remedy  for  the  evils  complained  of.  Instead  of 
acting  with  that  division  of  my  Southern  friends 
who  take  ground  for  secession,  I  shall  take  other 
grounds,  while  I  try  to  accomplish  the  same  end. 
I  think  that  this  battle  ought  to  be  fought  not 
outside,  but  inside  of  the  Union,  and  upon  the 
battlements  of  the  Constitution  itself.  I  am  un 
willing  voluntarily  to  walk  out  of  the  Union  which 
has  been  the  result  of  a  Constitution  made  by  the 
patriots  of  the  Revolution.  They  formed  the  Con 
stitution  ;  and  this  Union  that  is  so  much  spoken 
of,  and  which  all  of  us  are  so  desirous  to  preserve, 
grows  out  of  the  Constitution  ;  and  I  repeat,  I  am 
not  willing  to  walk  out  of  a  Union  growing  out 
of  the  Constitution  that  was  formed  by  the  patriots 
and  the  soldiers  of  the  Revolution.  So  far  as  I 
am  concerned,  and  I  believe  I  may  speak  with  some 
degree  of  confidence  for  the  people  of  my  State, 
we  intend  to  fight  that  battle  inside  and  not  outside 
of  the  Union ;  and  if  anybody  must  go  out  of  the 


OF  ANDREW  JOHNSON.  81 

Union,  it  must  be  those  who  violate  it.  We  do 
not  intend  to  go  out.  It  is  our  Constitution ;  it  is 
our  Union,  growing  out  of  the  Constitution  ;  and 
we  do  not  intend  to  be  driven  from  it  or  out  of  the 
Union.  Those  who  have  violated  the  Constitution 
either  in  the  passage  of  what  are  denominated  per 
sonal-liberty  bills,  or  by  their  refusal  to  execute  the 
fugitive-slave  law,  —  they  having  violated  the  in 
strument  that  binds  us  together,  —  must  go  out,  and 
not  we.  If  we  violate  the  Constitution  by  going 
out  ourselves,  I  do  not  think  we  can  go  before 
the  country  with  the  same  force  of  position  that 
we  shall  if  we  stand  inside  of  the  Constitution, 
demanding  a  compliance  with  its  provisions  and 
its  guarantees  ;  or  if  need  be,  as  I  think  it  is,  de 
manding  additional  securities.  We  should  make 
that  demand  inside  of  the  Constitution,  and  in  the 
manner  and  mode  pointed  out  by  the  instrument 
itself.  Then  we  keep  ourselves  in  the  right;  we 
put  our  adversary  in  the  wrong ;  and  though  it 
may  take  a  little  longer,  we  take  the  right  means 
to  accomplish  an  end  that  is  right  in  itself. 

I  know  that  sometimes  we  talk  about  compro 
mises.  I  am  not  a  compromiser,  nor  a  conserva 
tive,  in  the  usual  acceptation  of  those  terms.  I 
have  been  generally  considered  radical,  and  I  do 
not  come  forward  to-day  in  anything  that  I  shall 
say  or  propose,  asking  for  anything  to  be  done 
upon,  the  principle  of  compromise.  If  we  ask  for 
anything,  it  should  be  for  that  which  is  right  and 


82  THE  SPEECHES 

reasonable  in  itself.  If  it  be  right,  those  of  whom 
we  ask  it,  upon  the  great  principle  of  right,  are 
bound  to  grant  it.  Compromise  !  I  know  in  the 
common  acceptation  of  the  term  it  is  to  agree  upon 
certain  propositions  in  which  some  things  are  con 
ceded  on  one  side  and  others  conceded  on  the  other. 
I  shall  go  for  enactments  by  Congress  or  for  amend 
ments  to  the  Constitution,  upon  the  principle  that 
they  are  right,  and  upon  no  other  ground.  I 
am  not  for  compromising  right  with  wrong.  If  we 
have  no  right,  we  ought  not  to  demand  it.  If  we 
are  in  the  wrong,  they  should  not  grant  us  what 
wre  ask.  I  approach  this  momentous  subject  on 
the  great  principles  of  right,  asking  for  nothing 
and  demanding  nothing  but  what  is  right  in  itself, 
and  what  every  right-minded  man  and  a  right- 
minded  community  and  a  right-minded  people,  who 
wish  for  the  preservation  of  this  Government,  will 
be  disposed  to  grant. 

In  fighting  this  battle,  I  shall  do  it  upon  the  basis 
laid  down  by  a  portion  of  the  people  of  my  own 
State,  in  a  large  and  very  intelligent  meeting.  A 
committee  of  the  most  intelligent  men  in  the  coun 
try  reported  this  resolution  :  — 

"Resolved,  That  we  deeply  sympathize  with  our  sister 
Southern  States,  and  freely  admit  that  there  is  good  cause 
for  dissatisfaction  and  complaint  on  their  part,  on  account 
of  the  recent  election  of  sectional  candidates  to  the  Presi 
dency  and  Vice-Presidency  of  the  United  States;  yet  we, 
as  a  portion  of  the  people  of  a  slaveholding  community,  are 
not  for  seceding  or  breaking  up  the  Union  of  these  States 


OF  ANDREW  JOHNSON.  83 

until  every  fair  and  honorable  means  has  been  exhausted 
in  trying  to  obtain,  on  the  part  of  the  non-slaveholding 
States,  a  compliance  with  the  spirit  and  letter  of  the  Con 
stitution  and  all  its  guarantees ;  and  when  this  shall  have 
been  done,  and  the  States  now  in  open  rebellion  against  the 
laws  of  the  United  States,  in  refusing  to  execute  the  fugi 
tive-slave  law,  shall  persist  in  their  present  unconstitu 
tional  course,  and  the  Federal  Government  shall  fail  or 
refuse  to  execute  the  laws  in  good  faith,  it  (the  Govern 
ment)  will  not  have  accomplished  the  great  design  of  its 
creation,  and  will  therefore,  in  fact,  be  a  practical  dissolu 
tion,  and  all  the  States,  as  parties,  be  released  from  the 
compact  which  formed  the  Union." 

The  people  of  Tennessee,  irrespective  of  party, 
go  on  and  declare  further :  — • 

"  That  in  the  opinion  of  this  meeting  no  State  has  the 
constitutional  right  to  secede  from  the  Union  without  the 
consent  of  the  other  States  which  ratified  the  compact. 
The  compact,  when  ratified,  formed  the  Union  without 
making  any  provision  whatever  for  its  dissolution.  It  (the 
compact)  was  adopted  by  the  States  in  toto  and  forever, 
*  without  reservation  or  condition;'  hence  a  secession  of  one 
or  more  States  from  the  Union,  without  the  consent  of  the 
others  ratifying  the  compact,  would  be  revolution,  leading 
in  the  end  to  civil,  and  perhaps  servile  war.  While  we 
deny  the  right  of  a  State,  constitutionally,  to  secede  from 
the  Union,  we  admit  the  great  and  inherent  right  of  revo 
lution,  abiding  and  remaining  with  every  people,  but  a  righ\ 
which  should  not  be  exercised,  except  in  extreme  cases,  and 
in  the  last  resort,  when  grievances  are  without  redress,  and 
oppression  has  become  intolerable." 

They  declare  further  :  — 

"  That  in  our  opinion,  we  can  more  successfully  resist  the 
aggression  of  Black  Republicanism  by  remaining  within 


84  THE  SPEECHES 

the  Union,  than  we  can  by  going  out  of  it ;  and  more  espe 
cially  so,  while  there  is  a  majority  of  both  branches  in  the 
National  Legislature  opposed  to  it,  and  the  Supreme  Court 
of  the  United  States  is  on  the  side  of  law  and  the  Consti 
tution." 

They  go  on,  and  declare  further :  — 

"  That  we  are  not  willing  to  abandon  our  Northern  friends 
who  have  stood  by  the  Constitution  of  the  United  States, 
and  in  standing  by  it  have  vindicated  our  rights,  and  in 
their  vindication  have  been  struck  down ;  and  now,  in  their 
extremity,  we  cannot  and  will  not  desert  them  by  secedingj 
or  otherwise  breaking  up  the  Union." 

This  is  the  basis  upon  which  a  portion  of  the 
people  of  Tennessee,  irrespective  of  party,  pro 
pose  to  fight  this  battle.  We  believe  that  our  true 
position  is  inside  of  the  Union.  We  deny  the 
doctrine  of  secession ;  we  deny  that  a  State  has 
the  power,  of  its  own  volition,  to  withdraw  from 
the  Confederacy.  We  are  not  willing  to  do  an 
unconstitutional  act,  to  induce  or  to  coerce  others 
to  comply  with  the  Constitution  of  the  United 
States.  We  prefer  complying  with  the  Constitu 
tion,  and  fighting  our  battle,  and  making  our  de 
mand  inside  of  the  Union. 

I  know,  Mr.  President,  that  there  are  some  who 
believe  —  and  we  see  that  some  of  the  States  are 
acting  on  that  principle  —  that  a  State  has  the  right 
to  secede  ;  that,  of  its  own  will,  it  has  a  right  to 
withdraw  from  the  Confederacy.  I  am  inclined  to 
think,  and  I  know  it  is  so  in  fact,  that  in  many  por 
tions  of  the  country  this  opinion  has  resulted  from 


OF  ANDREW  JOHNSON.  85 

the  resolutions  of  your  own  State,  sir,1  of  1798  and 
1799.  I  propose  to-day  to  examine  that  subject,  for 
I  know  from  the  examination  of  it  that  there  has 
been  a  false  impression  made  upon  my  own  mind  in 
reference  to  those  resolutions,  and  the  power  pro 
posed  to  be  exercised  by  a  State  in  seceding  upon 
its  own  will.  When  we  come  to  examine  those 
resolutions,  we  find  that  the  third  reads  as  follows  : 

"  That  this  Assembly  doth  explicitly  and  peremptorily 
declare  that  it  views  the  powers  of  the  Federal  Government, 
as  resulting  from  the  compact,  to  which  the  States  are  parties, 
as  limited  by  the  plain  sense  and  intention  of  the  instrument 
constituting  that  compact,  as  no  further  valid  than  they  are 
authorized  by  the  grants  enumerated  in  that  compact ;  and 
that  in  case  of  a  deliberate,  palpable,  and  dangerous  exercise 
of  other  powers,  not  granted  by  the  said  compact,  the  States 
who  are  parties  thereto  have  the  right,  and  are  in  duty  bound, 
to  interpose  for  arresting  the  progress  of  the  evil,  and  for 
maintaining  within  their  respective  limits  the  authorities, 
rights,  and  liberties  appertaining  to  them." 

The  phraseology  of  the  Kentucky  Resolution  is 
somewhat  broader  and  more  extensive.  It  declares 
that  a  State  has  the  right  to  judge  of  the  infraction 
of  the  Constitution,  as  well  as  the  mode  and  meas 
ure  of  redress.  This  is  what  is  declared  by  that 
resolution  which  is  repeated  by  so  many  in  speeches 
and  publications  made  through  the  country.  Now, 
let  Mr.  Madison  speak  for  himself  as  to  what  he 
meant  by  that  resolution.  Mr.  Madison,  in  his 
report  upon  those  resolutions,  goes  on  and  states  ex- 

1  Mr.  Mason,  of  Virginia,  in  the  chair. 


86  THE  SPEECHES 

pressly  that  in  the  resolution  the  word  "  States  "  is 
used,  notwithstanding  the  word  "  respective "  is 
used.  Mr.  Madison  says  :  — 

"  It  appears  to  your  committee  to  be  a  plain  principle, 
founded  in  common  sense,  illustrated  by  common  practice,  and 
essential  to  the  nature  of  compacts,  that,  where  resort  can  be 
had  to  no  tribunal  superior  to  the  authority  of  parties,  the 
parties  themselves  must  be  the  rightful  judges,  in  the  last  re 
sort,  whether  the  bargain  made  has  been  pursued  or  violated. 
The  Constitution  of  the  United  States  was  formed  by  the 
sanction  of  the  States,  given  by  each  in  its  sovereign  capacity. 
It  adds  to  the  stability  and  dignity,  as  well  as  to  the  authority 
of  the  Constitution,  that  it  rests  on  this  legitimate  and  solid 
foundation.  The  States,  then,  being  the  parties  to  the  con 
stitutional  compact,  and  in  their  sovereign  capacity,  it  follows 
of  necessity,  that  there  can  be  no  tribunal  above  their  author 
ity,  to  decide,  in  the  last  resort,  whether  the  compact  made 
by  them  be  violated ;  and,  consequently,  that,  as  the  parties  to 
it,  they  must  themselves  [that  is  the  States]  decide,  in  the  last 
resort,  such  questions  as  -may  be  of  sufficient  magnitude  to 
require  their  interposition." 

"  The  States  "  are  referred  to  through  the  report. 
He  further  remarks :  — 

"  But  the  resolution  has  done  more  than  guard  against  mis 
construction,  by  expressly  referring  to  cases  of  a  deliberate, 
palpable,  and  dangerous  nature.  It  specifies  the  object  of  the 
interposition,  which  it  contemplates  to  be  solely  that  of  arrest 
ing  the  progress  of  the  evil  of  usurpation,  and  of  maintaining 
the  authorities,  rights,  and  liberties  appertaining  to  the  States, 
as  parties  to  the  Constitution." 

Now  we  find,  by  the  examination  of  this  subject, 
that  Mr.  Madison,  in  his  report,  explains  it,  and 
repudiates  the  idea  that  a  State,  as  a  party  to  the 


OF  ANDREW  JOHNSON.  87 

compact,  has  a  right  to  judge  of  an  infraction  of  the 
Constitution  or  any  other  grievance,  and,  upon  its 
own  volition,  withdraw  from  the  Confederacy.  I 
will  here  read  a  letter  of  Mr.  Madison  to  Nicholas 
P.  Trist,  in  explanation  of  this  very  proposition  :  — 

"MONTPELIER,  December  23,  1832. 

"  DEAR  SIR:  I  have  received  yours  of  the  19th,  inclosing 
some  South  Carolina  papers.  There  are  in  one  of  them  some 
interesting  views  of  the  doctrine  of  secession,  among  which  is 
one  that  had  occurred  to  me,  and  which  for  the  first  time  I 
have  seen  in  print,  namely  :  that  if  one  State  can  at  will  with 
draw  from  the  others,  the  others  can  withdraw  from  her,  and 
turn  her,  nolentem.  volentem,  out  of  the  Union. 

"  Until  of  late  there  is  not  a  State  that  would  have  abhorred 
such  a  doctrine  more  than  South  Carolina,  or  more  dreaded 
an  application  of  it  to  herself.  The  same  may  be  said  of  the 
doctrine  of  nullification,  which  she  now  preaches  as  the  only 
doctrine  by  which  the  Union  can  be  saved. 

"  I  partake  of  the  wonder  that  the  men  you  name  should 
view  secession  in  the  light  mentioned.  The  essential  differ 
ence  between  a  free  government  and  a  government  not  free 
is,  that  the  former  is  founded  in  compact,  the  parties  to  which 
are  mutually  and  equally  bound  by  it.  Neither  of  them,  there 
fore,  can  have  a  greater  right  to  break  off  from  the  bargain 
than  the  other  or  others  have  to  hold  him  to  it ;  and  certainly 
there  is  nothing  in  the  Virginia  Resolutions  of  1798  adverse  to 
this  principle,  which  is  that  of  common  sense  and  common 
justice. 

"  The  fallacy  which  draws  a  different  conclusion  from  them 
lies  in  confounding  a  single  party  with  the  parties  to  the  con 
stitutional  compact  of  the  United  States.  The  latter,  having 
made  the  compact,  may  do  what  they  will  with  it.  The 
former,  as  one  of  the  parties,  owes  fidelity  to  it  till  released  by 
consent  or  absolved  by  an  intolerable  abuse  of  the  power 


88  THE  SPEECHES 

created.  In  the  Virginia  Resolutions  and  report  the  plural 
number  (States)  is  in  every  instance  used  whenever  reference 
is  made  to  the  authority  which  presided  over  the  Govern 
ment." 

He  says  the  plural  is  used;  that  "  States"  is  the 
word  that  is  used  ;  and  when  we  turn  to  the  resolu 
tion  we  find  it  just  as  Mr.  Madison  represents  it, 
thereby  excluding  the  idea  that  a  State  can  sepa 
rately  and  alone  determine  the  question,  and  have 
the  right  to  secede  from  the  Union. 

"  As  I  am  now  known  to  have  drawn  those  documents,  I 
may  say,  as  I  do  with  a  distinct  recollection,  that  it  was  inten 
tional.  It  was  in  fact  required  by  the  course  of  reasoning 
employed  on  the  occasion.  The  Kentucky  Resolutions,  being 
less  guarded,  have  been  more  easily  perverted.  The  pretext 
for  the  liberty  taken  with  those  of  Virginia  is  tne  word 
'  respective  '  prefixed  to  the  '  rights,'  &c.,  to  be  secured  within 
the  States.  Could  the  abuse  of  the  expression  have  been 
foreseen  or  suspected,  the  form  of  it  would  doubtless  have  been 
varied.  But  what  can  be  more  consistent  with  common  sense 
than  that  all  having  the  rights,  &c.,  should  unite  in  contend 
ing  for  the  security  of  them  to  each  ? 

"  It  is  remarkable  how  closely  the  nullifiers,  who  make  the 
name  of  Mr.  Jefferson  the  pedestal  for  their  colossal  heresy, 
shut  their  eyes  and  lips  whenever  his  authority  is  ever  so 
clearly  and  emphatically  against  them.  You  have  noticed 
what  he  says  in  his  letters  to  Monroe  and  Carrington  (pp.  43 
and  203,  vol.  2)  with  respect  to  the  power  of  the  old  Congress 
to  coerce  delinquent  States  ;  and  his  reason  for  preferring  for 
the  purpose  a  naval  to  a  military  force ;  and,  moreover,  his 
remark  that  it  was  not  necessary  to  find  a  right  to  coerce  in 
{he  Federal  articles,  that  being  inherent  in  the  nature  of  a 
compact.  It  is  high  time  that  the  claim  to  secede  at  will 
should  be  put  down  by  the  public  opinion,  and  I  am  glad 


OF  ANDREW  JOHNSON-.  89 

to  see  the  task  commenced  by  one  who  understands  the  sub 
ject. 

"  I  know  nothing  of  what  is  passing  at  Richmond  more  than 
what  is  seen  in  the  newspapers.  You  were  right  in  your  fore 
sight  of  the  effect  of  passages  in  the  late  proclamation.  They 
have  proven  a  leaven  for  much  fermentation  there,  and  cre 
ated  an  alarm  against  the  danger  of  consolidation  balancing 
that  of  disunion. 

"  With  cordial  salutations,  JAMES  MADISON. 

"  NICHOLAS  P.  TRIST." 

I  have  another  letter  of  Mr.  Madison,  written  in 
1833,  sustaining  and  carrying  out  the  same  interpre 
tation  of  the  resolutions  of  1798  and  1799.  I 
desire  to  read  some  extracts  from  that  letter.  Mr. 
Madison  says :  — 

"  Much  use  has  been  made  of  the  term  '  respective  '  in  the 
third  resolution  of  Virginia,  which  asserts  the  right  of  the 
States,  in  cases  of  sufficient  magnitude,  to  interpose  '  for  main 
taining  within  their  respective  limits  the  authorities,'  &c.,  apper 
taining  to  them ;  the  term  '  respective '  being  construed  to 
mean  a  constitutional  right  in  each  State,  separately,  to  decide 
on  and  resist  by  force  encroachments  within  its  limits.  A 
foresight  or  apprehension  of  the  misconstruction  might  easily 
have  guarded  against  it.  But,  to  say  nothing  of  the  distinction 
between  ordinary  and  extreme  cases,  it  is  observable  that  in 
this,  as  in  other  instances  throughout  the  resolutions,  the 
plural  number  (States)  is  used  in  referring  to  them ;  that  a 
concurrence  and  cooperation  of  all  might  well  be  contemplated 
in  interpositions  for  effecting  the  objects  within  reach;  and 
that  the  language  of  the  closing  resolution  corresponds  with 
this  view  of  the  third.  The  course  of  reasoning  in  the  report 
on  the  resolutions  required  the  distinction  between  a  State  and 
the  States. 

8* 


90  THE  SPEECHES 

"  It  surely  does  not  follow,  from  the  fact  of  the  States,  or 
rather  the  people  embodied  in  them,  having,  as  parties  to  the 
constitutional  compact,  no  tribunal  above  them,  that,  in  con 
troverted  meanings  of  the  compact,  a  minority  of  the  parties 
can  rightfully  decide  against  the  majority,  still  less  that  a  single 
party  can  decide  against  the  rest,  and  as  little  that  it  can  at 
will  withdraw  itself  altogether  from  its  compact  with  the  rest. 

"  The  characteristic  distinction  between  free  governments 
and  governments  not  free,  is  that  the  former  are  founded  on 
compact,  not  between  the  government  and  those  for  whom  it 
acts,  but  among  the  parties  creating  the  government.  Each 
of  these  being  equal,  neither  can  have  more  right  to  say  that 
the  compact  has  been  violated  and  dissolved  than  every  other 
has  to  deny  the  fact,  and  to  insist  on  the  execution  of  the 
bargain.  An  inference  from  the  doctrine  that  a  single  State 
has  a  right  to  secede  at  will  from  the  rest,  is  that  the  rest 
would  have  an  equal  right  to  secede  from  it ;  in  other  words 
to  turn  it,  against  its  will,  out  of  its  union  with  them.  Such  a 
doctrine  would  not,  till  of  late,  have  been  palatable  anywhere, 
and  nowhere  less  so  than  where  it  is  now  most  contended 
for." 

When  these  letters  are  put  together  they  are 
clear  and  conclusive.  Take  the  resolutions ;  take 
the  report ;  take  Mr.  Madison's  expositions  of  them 
in  1832  and  1833  ;  his  letter  to  Mr.  Trist ;  his 
letter  to  Mr.  Webster ;  his  letter  to  Mr.  Rives  ; 
and  when  all  are  summed  up,  this  doctrine  of  a 
State,  either  assuming  her  highest  political  attitude 
or  otherwise,  having  the  right,  of  her  own  will,  to 
dissolve  all  connection  with  this  Confederacy,  is  an 
absurdity,  and  contrary  to  the  plain  intent  and 
meaning  of  the  Constitution  of  the  United  States. 
I  hold  that  the  Constitution  of  the  United  States 


OF  ANDREW  JOHNSON.  91 

makes  no  provision,  as  said  by  the  President  of  the 
United  States,  for  its  own  destruction.  It  makes  no 
provision  for  breaking  up  the  Government,  and  no 
State  has  the  constitutional  right  to  secede  and 
withdraw  from  the  Union. 

In  July,  1788,  when  the  Constitution  of  the 
United  States  was  before  the  convention  of  New 
York  for  ratification,  Mr.  Madison  was  in  the  city 
of  New  York.  Mr.  Hamilton,  who  was  in  the  con 
vention,  wrote  a  letter  to  Mr.  Madison  to  know  if 
New  York  could  be  admitted  into  the  Union,  with 
certain  reservations  or  conditions.  One  of  those 
reservations  or  conditions  was,  as  Mr.  Hamilton 
says  in  his  letter,  that  they  should  have  the  privi 
lege  of  receding  within  five  or  seven  years  if  certain 
alterations  and  amendments  were  not  made  to  the 
Constitution  of  the  United  States.  Mr.  Madison, 
in  reply  to  that  letter,  makes  use  of  the  following 
emphatic  language,  which  still  further  corroborates 
and  carries  out  the  idea  that  the  Constitution  makes 
no  provision  for  breaking  up  the  Government,  and 
that  no  State  has  a  right  to  secede.  Mr.  Madison 
says :  — 

"NEW  YORK,  Sunday  Evening. 

"  MY  DEAR  SIR  :  Yours  of  yesterday  is  this  instant  come 
to  hand,  and  I  have  but  a  few  minutes  to  answer  it.  I  am 
sorry  that  your  situation  obliges  you  to  listen  to  propositions  of 
the  nature  you  describe.  My  opinion  is,  that  a  reservation  of 
a  right  to  withdraw  if  amendments  be  not  decided  on  under 
the  form  of  the  Constitution  within  a  certain  time,  is  a  con 
ditional  ratification ;  that  it  does  not  make  New  York  a  mem- 


92  THE  SPEECHES 

ber  of  the  new  Union,  and  consequently  that  she  could  not  be 
received  on  that  plan.  Compacts  must  be  reciprocal  —  this 
principle  would  not  in  such  a  case  be  preserved.  The  Con 
stitution  requires  an  adoption  in  toto  and  forever." 

This  is  the  language  of  James  Madison. 

"  It  has  been  so  adopted  by  the  other  States.  An  adoption 
for  a  limited  time  would  be  as  defective  as  an  adoption  of  some 
of  the  articles  only.  In  short,  any  condition  whatever  must 
vitiate  the  ratification.  What  the  new  Congress,  by  virtue  of 
the  power  to  admit  new  States,  may  be  able  and  disposed  to 
do  in  such  case,  I  do  not  inquire,  as  I  suppose  that  is  not  the 
material  point  at  present.  I  have  not  a  moment  to  add  more 
than  my  fervent  wishes  for  your  success  and  happiness.  The 
idea  of  reserving  a  right  to  withdraw  was  started  at  Richmond, 
and  considered  as  a  conditional  ratification,  which  was  itself 
abandoned  as  worse  than  a  rejection. 

"  Yours,  JAMES  MADISON,  JR." 

I  know  it  is  claimed,  and  I  see  it  stated  in  some 
of  the  newspapers,  that  Virginia  and  some  of  the 
other  States  made  a  reservation,  upon  the  ratification 
of  the  Constitution,  that  certain  conditions  were  an 
nexed  ;  that  they  came  in  upon  certain  conditions, 
and  therefore  they  had  a  right,  in  consequence  of 
those  conditions,  to  do  this  or  the  other  tiling. 
When  we  examine  the  journal  of  the  convention, 
we  find  that  no  mention  is  made  of  any  reservation 
on  the  ratification  of  the  Constitution  by  the  State 
of  Virginia.  We  find  that  Mr.  Madison  says,  in 
his  letter  to  Mr.  Hamilton,  that  this  idea  was  first 
mooted  at  Richmond,  and  was  abandoned  as  worse 
than  a  rejection.  His  letter  was  written  after  the 


OF  ANDREW  JOHNSON.  93 

ratification  of  the  Constitution  of  the  United  States 
by  the  State  of  Virginia :  hence  he  spoke  with  a 
knowledge  of  the  fact  that  no  reservation  was  made  ; 
but  if  it  had  been  made  by  one  of  the  parties,  and 
not  sanctioned  by  the  other  parties  to  the  compact, 
what  would  it  have  amounted  to  ?  Then  we  see 
that  Mr.  Madison  repudiates  the  doctrine  that  a 
State  has  the  right  to  secede.  We  see  that  his  res 
olutions  admit  of  no  such  construction.  We  see 
that  Mr.  Madison,  in  his  letter  to  Mr.  Hamilton, 
puts  the  interpretation  that  this  Constitution  was 
adopted  in  toto  and  forever,  without  reservation  and 
without  condition. 

I  know  that  the  inquiry  may  be  made,  how  is  a 
State,  then,  to  have  redress  ?  There  is  but  one 
way,  and  that  is  expressed  by  the  people  of  Ten 
nessee.  You  have  entered  into  this  compact ;  it 
was  mutual ;  it  was  reciprocal ;  and  you  of  your 
own  volition  have  no  right  to  withdraw  and  break 
the  compact,  without  the  consent  of  the  other 
parties.  What  remedy,  then,  has  the  State  ?  It 
has  a  remedy  that  remains  and  abides  with  every 
people  upon  the  face  of  the  earth.  When  griev 
ances  are  without  a  remedy,  or  without  redress,  when 
oppression  becomes  intolerable,  they  have  the  great, 
the  inherent  right  of  revolution. 

Sir,  if  the  doctrine  of  secession  is  to  be  carried  out 
upon  the  mere  whim  of  a  State,  this  Government  is 
at  an  end.  I  am  as  much  opposed  to  a  strong,  or 
what  may  be  called  by  some  a  consolidated  Govern- 


94  THE  SPEECHES 

ment,  as  it  is  possible  for  a  man  to  be ;  but  while  I 
am  greatly  opposed  to  that,  I  want  a  Government 
strong  enough  to  preserve  its  own  existence ;  that 
will  not  fall  to  pieces  by  its  own  weight  or  when 
ever  a  little  dissatisfaction  takes  place  in  one  of  its 
members.  If  the  States  have  the  right  to  secede  at 
will  and  pleasure,  for  real  or  imaginary  evils  or 
oppressions,  I  repeat  again,  this  Government  is  at  an 
end ;  it  is  not  stronger  than  a  rope  of  sand ;  its  own 
weight  will  crumble  it  to  pieces,  and  it  cannot  exist. 
Notwithstanding  this  doctrine  may  suit  some  who 
are  engaged  in  this  perilous  and  impending  crisis 
that  is  now  upon  us,  duty  to  my  country,  duty  to  my 
State,  and  duty  to  my  kind,  require  me  to  avow  a 
doctrine  that  I  believe  will  result  in  the  preservation 
of  the  Government,  and  to  repudiate  one  that  I  be 
lieve  will  result  in  its  overthrow,  and  the  consequent 
disasters  to  the  people  of  the  United  States. 

If  a  State  can  secede  at  will  and  pleasure,  and 
this  doctrine  is  maintained,  why,  I  ask,  on  the  other 
hand,  as  argued  by  Mr.  Madison  in  one  of  his  let 
ters,  cannot  a  majority  of  the  States  combine  and 
reject  a  State  out  of  the  Confederacy?  Have  a 
majority  of  these  States,  under  the  compact  that  they 
have  made  with  each  other,  the  right  to  combine  and 
reject  any  one  of  the  States  from  the  Confederacy  ? 
They  have  no  such  right ;  the  compact  is  reciprocal. 
It  was  ratified  without  reservation  or  condition,  and 
it  was  ratified  "  in  toto  and  forever  " ;  such  is  the 
language  of  James  Madison  ;  and  there  is  but  one 


OF  ANDREW  JOHNSON.  95 

way  to  get  out  of  it  without  the  consent  of  the 
parties,  and  that  is,  by  revolution. 

I  know  that  some  touch  the  subject  with  trem 
bling  and  fear.  They  say,  here  is  a  State  that,  per 
haps  by  this  time,  has  seceded,  or  if  not,  she  is  on 
the  road  to  secession,  and  we  must  touch  this  subject 
very  delicately ;  and  that  if  the  State  secedes,  con 
ceding  the  power  of  the  Constitution  to  her  to 
secede,  you  must  talk  very  delicately  upon  the  sub 
ject  of  coercion.  I  do  not  believe  the  Federal 
Government  has  the  power  to  coerce  a  State ;  for  by 
the  eleventh  amendment  of  the  Constitution  of  the 
United  States  it  is  expressly  provided  that  you  can 
not  even  put  one  of  the  States  of  this  Confederacy 
before  one  of  the  courts  of  the  country  as  a  party. 
As  a  State,  the  Federal  Government  has  no  power 
to  coerce  it ;  but  it  is  a  member  of  the  compact  to 
which  it  agreed  in  common  with  the  other  States, 
and  this  Government  has  the  right  to  pass  laws,  and 
to  enforce  those  laws  upon  individuals  within  the 
limits  of  each  State.  While  the  one  proposition  is 
clear,  the  other  is  equally  so.  This  Government 
can,  by  the  Constitution  of  the  country  and  by  the 
laws  enacted  in  conformity  with  the  Constitution, 
operate  upon  individuals,  and  has  the  right  and  the 
power,  not  to  coerce  a  State,  but  to  enforce  and 
execute  the  law  upon  individuals  within  the  limits 
of  a  State. 

I  know  that  the  term,  "  to  coerce  a  State,"  is 
used  in  an  ad  captandum  manner.  It  is  a  sover- 


96  THE  SPEECHES 

eignty  that  is  to  be  crushed  !  How  is  a  State  in  the 
Union  ?  What  is  her  connection  with  it  ?  All  the 
connection  she  has  with  the  other  States  is  that 
which  is  agreed  upon  in  the  compact  between  the 
States.  I  do  not  know  whether  you  may  consider 
it  in  the  Union  or  out  of  the  Union,  or  whether  you 
simply  consider  it  a  connection  or  a  disconnection 
with  the  other  States  ;  but  to  the  extent  that  a  State 
nullifies  or  sets  aside  any  law  or  any  provision  of  the 
Constitution,  to  that  extent  it  has  dissolved  its  con 
nection,  and  no  more.  I  think  the  States  that  have 
passed  their  personal-liberty  bills,  in  violation  of  the 
Constitution  of*  the  United  States,  coming  in  conflict 
with  the  fugitive-slave  law,  to  that  extent  have  dis 
solved  their  connection,  and  to  that  extent  it  is  revo 
lution.  But  because  some  of  the  free  States  have 
passed  laws  violative  of  the  Constitution ;  because 
they  have,  to  some  extent,  dissolved  their  connection 
with  this  Government,  does  that  justify  us  of  the 
South  in  following  that  bad  example  ?  Because 
they  have  passed  personal-liberty  bills,  and  have, 
to  that  extent,  violated  the  compact  which  is  recip 
rocal,  shall  we  turn  round,  on  the  other  hand, 
and  violate  the  Constitution  by  coercing  them  to 
a  compliance  with  it  ?  Will  we  do  so  ? 

Then  I  come  back  to  the  starting-point:  let  us 
stand  in  the  Union  and  upon  the  Constitution ;  and 
if  anybody  is  to  leave  this  Union,  or  violate  its 
guaranties,  it  shall  be  those  who  have  taken  the 
initiative,  and  passed  their  personal-liberty  bills.  I 


OF   ANDREW   JOHXSOX.  97 

am  in  the  Union,  and  intend  to  stay  in  it.  I  intend 
to  hold  on  to  the  Union,  and  the  guaranties  under 
which  this  Union  has  grown  ;  and  I  do  not  intend 
to  be  driven  from  it,  nor  out  of  it,  by  their  uncon 
stitutional  enactments. 

Then,  Mr.  President,  suppose,  for  instance,  that  a 
fugitive  is  arrested  in  the  State  of  Vermont  .to-mor 
row,  and  under  the  personal-liberty  bill  of  that  State, 
or  the  law  —  I  do  not  remember  its  precise  title 
now  —  which  prevents,  or  is  intended  to  prevent, 
the  faithful  execution  of  the  fugitive-slave  law,  Ver 
mont  undertakes  to  rescue  him,  and  prevent  the 
enforcement  of  the  law  :  what  is  it  ?  It  is  nulli 
fication  ;  it  is  resistance  to  the  laws  of  the  United 
States  made  in  conformity  with  the  Constitution  ; 
it  is  rebellion  ;  and  it  is  the  duty  of  the  President  of 
the  United  States  to  enforce  the  law,  at  all  hazards 
and  to  the  last  extremity.  And,  if  the  Federal 
Government  fails  or  refuses  to  execute  the  laws 
made  in  conformity  with  the  Constitution,  and  those 
States  persist  in  their  violation  and  let  those  uncon 
stitutional  acts  remain  upon  their  statute-books,  and 
carry  them  into  practice  ;  if  the  Government,  on 
the  one  hand,  fails  to  execute  the  laws  of  the  United 
States,  and  those  States,  by  their  enactments,  violate 
them  on  the  other,  the  Government  is  at  an  end, 
and  the  parties  are  all  released  from  the  compact. 

Mr.  COLLAMER  explained  that  the  Vermont  leg 
islation,  to  which  allusion  had  been  made,  was  an 
terior  to  the  passage  of  the  fugitive-slave  law  ;  and, 

9 


98  THE  SPEECHES 

besides,  the  laws  of  Vermont  were  referred  to  a 
board  of  revision,  by  which,  as  well  as  by  the  courts 
of  that  State,  no  enactment  would  be  sanctioned 
that  was  in  conflict  with  the  Constitution  of  the 
United  States. 

Mr.  JOHNSON  continued :  I  do  not  think  the 
honorable  Senator's  explanation  is  entirely  satisfac 
tory,  inasmuch  as,  though  one  law  was  anterior, 
another  was  passed  in  1858.  The  Senator  is  a 
lawyer ;  he  has  presided  in  the  courts  of  his  State ; 
and  he  has  been  a  long  time  in  the  councils  of  the 

o 

country ;  and  therefore  I  had  reason  to  expect  a 
direct  answer. 

I  think  it  will  be  determined  by  the  courts  and 
by  the  judgment  of  the  country,  that  the  acts  passed 
in  1850  and  1858  by  the  Legislature  of  Vermont  are 
a  violation,  a  gross,  palpable  violation  of  the  Con 
stitution  of  the  United  States.  It  is  clear  and  con 
clusive  to  my  mind,  that  a  State  passing  an  uncon 
stitutional  act  intended  to  impede  or  to  prevent  the 
execution  of  a  law  passed  by  the  Congress  of  the 
United  States  which  is  constitutional,  is  thereby 
placed,  so  far  as  the  initiative  is  concerned,  in  a  state 
of  rebellion.  It  is  an  open  act  of  nullification.  I 
am  not  aware  that  there  has  been  any  attempt  in 
Vermont  to  wrest  any  persons  out  of  the  hands 
of  the  officers  of  the  United  States,  or  to  imprison 
or  to  fine  any  person  under  the  operation  of  this 
law;  but  the  passage  of  such  an  act  is  to  initiate 
rebellion.  I  think  it  comes  in  conflict  directly  with 


OF   ANDREW  JOHNSON.  99 

the  spirit  and  letter  of  the  Constitution  of  the  United 
States,  and  to  that  extent  is  an  act  of  nullification, 
and  places  the  State  in  open  rebellion  to  the  United 
States. 

I  have  stated  that  there  is  no  power  conferred 
upon  the  Congress  of  the  United  States,  by  the  Con 
stitution,  to  coerce  a  State  in  its  sovereign  capacity; 
that  there  is  no  power  on  the  part  of  the  Congress 
of  the  United  States  even  to  bring  a  State  into  the 
supreme  tribunal  of  the  country.  You  cannot  put 
a  State  at  the  bar  of  the  Supreme  Court  of  the 
United  States.  The  Congress  of  the  United  States 
has  the  power  to  pass  laws  to  operate  upon  indi 
viduals  within  the  limits  of  a  State,  by  which  all 
the  functions  of  this  Government  can  be  executed 
and  carried  out ;  and  if  Vermont,  either  by  an  act 
of  secession,  which  I  take  to  be  unconstitutional,  or 
without  having  first  seceded  from  the  Union  of  the 
States  by  open  force,  in  conformity  with  the  laws  of 
the  State,  should  resist  or  attempt  to  resist  the  exe 
cution  of  the  laws  of  the  United  States,  it  would  be 
a  practical  rebellion,  an  overt  act ;  and  this  Govern 
ment  has  the  authority  under  the  Constitution  to 
enforce  the  laws  of  the  United  States,  and  it  has  the 
authority  to  call  to  its  aid  such  means  as  are  deemed 
necessary  and  proper  for  the  execution  of  the  laws, 
even  if  it  were  to  lead  to  the  calling  out  of  the 
militia,  or  calling  into  service  the  Army  and  Navy 
of  the  United  States  to  execute  the  laws.  This 
principle  applies  to  every  State  placing  herself  in  an 


100  THE  SPEECHES 

attitude  of  opposition  to  the  execution  of  the  laws  of 
the  United  States. 

I  do  not  think  it  necessary,  in  order  to  preserve 
this  Union,  or  to  keep  a  State  within  its  sphere,  that 
the  Congress  of  the  United  States  should  have  the 
power  to  coerce  a  State.  All  that  is  necessary  is 
for  the  Government  to  have  the  power  to  execute 
and  to  carry  out  all  the  powers  conferred  upon  it 
by  the  Constitution,  whether  they  apply  to  the  State 
or  otherwise.  This,  I  think,  the  Government  clearly 
has  the  power  to  do  ;  and  so  long  as  the  Government 
executes  all  the  laws  in  good  faith,  denying  the  right 
of  a  State  constitutionally  to  secede,  so  long  the 
State  is  in  the  Union,  and  subject  to  all  the  pro 
visions  of  the  Constitution  and  the  laws  passed  in 
conformity  with  it.  For  example:  the  power  is 
conferred  on  the  Federal  Government  to  carry  the 
mails  through  the  several  States ;  to  establish  post- 
offices  and  post-roads  ;  to  establish  courts  in  the  re 
spective  States ;  to  lay  and  collect  taxes,  and  so  on. 
The  various  powers  are  enumerated,  and  each  and 
every  one  of  these  powers  the  Federal  Government 
has  the  constitutional  authority  to  execute  writhin 
the  limits  of  the  States.  It  is  not  an  invasion  of  a 
State  for  the  Federal  Government  to  execute  its 
laws,  to  take  care  of  its  public  property,  and  to  en 
force  the  collection  of  its  revenue ;  but  if,  in  the 
execution  of  the  laws  ;  if,  in  the  enforcement  of  the 
Constitution,  it  meets  with  resistance,  it  is  the  duty 
of  the  Government,  and  it  has  the  authority,  to  put 


OF  ANDREW  JOHNSON.  101 

down  resistance,  and  effectually  to  execute  the  laws 
as  contemplated  by  the  Constitution  of  the  country. 
But  this  is  a  diversion  from  the  line  of  my  argu 
ment.  I  was  going  on  to  show  that,  according  to 
the  opinions  of  the  fathers,  not  only  of  the  country 
but  of  the  Constitution  itself,  no  State,  of  its  own 
volition,  has  the  right  to  withdraw  from  the  Con 
federacy  after  having  entered  into  the  compact.  I 
have  referred  to  the  last  letter  Mr.  Madison  wrote 
upon  this  subject,  —  at  least  it  is  the  last  one  that 
I  have  been  able  to  find,  —  in  which  he  summed  up 
this  subject  in  a  conclusive  and  masterly  manner. 
In  his  letter  to  Mr.  Webster  of  March  15, 1833-, 
upon  the  receipt  of  Mr.  Webster's  speech,  after  the 
excitement  had  subsided  to  some  extent  and  the 
country  had  taken  its  stand,  Mr.  Madison  said  :  — 

"  The  Constitution  of  the  United  States  being  established 
by  a  competent  authority,  by  that  of  the  sovereign  people  of  the 
several  States  who  were  parties  to  it,  it  remains  only  to  in 
quire  what  the  Constitution  is ;  and  here  it  speaks  for  itself. 
It  organizes  a  Government  into  the  usual  legislative,  execu 
tive,  and  judiciary  departments ;  invests  it  with  specified 
powers,  leaving  others  to  the  parties  to  the  Constitution.  It 
makes  the  Government,  like  other  governments,  to  operate 
directly  on  the  people  ;  places  at  its  command  the  needful 
physical  means  of  executing  its  powers ;  and  finally  proclaims 
its  supremacy,  and  that  of  the  laws  made  in  pursuance  of  it, 
over  the  constitutions  and  laws  of  the  States,  the  powers  of  the 
Government  being  exercised,  as  in  other  elective  and  respon 
sible  governments,  under  the  control  of  its  constituents,  people, 
and  the  legislatures  of  the  States,  and  subject  to  the  revolu 
tionary  rights  of  the  people  in  extreme  cases. 
9* 


102  THE  SPEECHES 

"  Such  is  the  Constitution  of  the  United  States  de  jure  and 
de  facto  ;  and  the  name,  whatever  it  be,  that  may  be  given  to 
it,  can  make  it  nothing  more  or  less  than  what  it  is." 

This  is  clear  and  conclusive,  so  far  as  Mr.  Madi 
son  goes  on  the  subject.  I  have  already  shown  that 
in  1789,  in  making  his  report  upon  the  Virginia 
Resolutions,  he  gave  the  true  interpretation  to  those 
resolutions,  and  explained  what  was  meant  by  the 
word  "  respective"  before  "States."  In  his  letter, 
in  1882,  to  Mr  Rives,  and  in  his  letter  of  1882  to 
Mr.  Trist,  having  had  time  to  reflect  on  the  opera 
tion  of  the  various  provisions  of  the  Constitution 
upon  the  country,  in  the  decline  of  life,  when  he  had 
seen  the  experiment  fairly  made,  when  his  mind  was 
matured  upon  every  single  point  and  provision  in 
the  Constitution,  he,  at  that  late  period,  sums  up  the 
doctrine  and  comes  to  the  conclusion  that  I  am 
contending  for  on  the  present  occasion. 

In  addition  to  this,  Mr.  Jefferson,  who  prior  to 
the  formation  of  the  Constitution  was  in  Paris, 
writing  letters  on  the  subject  of  the  formation  of  a 
stable  Government  here,  saw  the  great  defect  in 

'  O 

the  Federal  head  under  the  old  Articles  of  Confed 
eration,  and  he  pointed  with  the  unerring  finger  of 
philosophy  to  what  is  now  in  the  Constitution,  as 
what  was  wanting  in  the  old  Articles  of  Confedera 
tion.  Mr.  Jefferson,  in  his  letter  to  Colonel  Monroe, 
dated  Paris,  August  11,  1786,  speaks  thus  :  — 

"  There  never  will  be  money  in  the  treasury  till  the  Con 
federacy  shows  its  teeth.  The  States  must  see  the  rod  ;  per- 


OF  ANDREW  JOHNSON.  103 

haps  it  must  be  felt  by  some  one  of  them.  I  am  persuaded  all 
of  them  would  rejoice  to  see  every  one  obliged  to  furnish  its 
contributions.  It  is  not  the  difficulty  of  furnishing  them  which 
beggars  the  treasury,  but  the  fear  that  others  will  not  furnish 
as  much.  Every  rational  citizen  must  wish  to  see  an  effective 
instrument  of  coercion,  and  should  fear  to  see  it  on  any  other 
element  than  the  water." 

Here  Mr.  Jefferson,  seeing  the  difficulty,  that 
under  the  old  Articles  of  Confederation  the  Federal 
Government  had  not  the  power  to  execute  its  laws, 
that  it  could  not  collect  revenue,  points  to  what 
should  be  in  the  Constitution  of  the  United  States 
when  formed.  Mr.  Jefferson,  upon  the  same  idea 
which  was  in  his  mind,  and  which  was  afterwards 
embodied  in  the  Constitution,  said,  in  a  letter  to  E. 
Carrington,  dated  Paris,  August  4,  1787  :  — 

"  1  confess  I  do  not  go  as  far  in  the  reforms  thought  neces 
sary,  as  some  of  my  correspondents  in  America  ;  but  if  the 
convention  should  adopt  such  propositions,  I  shall  suppose  them 
necessary.  My  general  plan  would  be,  to  make  the  States 
one  as  to  everything  connected  with  foreign  nations,  and  sev 
eral  as  to  everything  purely  domestic.  But,  with  all  the  imper 
fections  of  our  present  Government,  it  is  without  comparison 
the  best  existing,  or  that  ever  did  exist.  Its  greatest  defect 
is  the  imperfect  manner  in  which  matters  of  commerce  have 
been  provided  for.  It  has  been  so  often  said,  as  to  be  gener 
ally  believed,  that  Congress  have  no  power  by  the  Confedera 
tion  to  enforce  anything  —  for  example,  contributions  of 
money.  It  was  not  necessary  to  give  them  that  power  ex 
pressly  ;  they  have  it  by  the  law  of  nature.  When  two  parties 
make  a  compact,  there  results  to  each  a  power  of  compelling 
the  other  to  execute  it" 

Even  if  it  was  not  expressed  in  the  Constitution, 


104  THE  SPEECHES 

the  power  to  preserve  itself  and  maintain  its  au 
thority  would  be  possessed  by  the  Federal  Govern 
ment  upon  the  great  principle  that  it  must  have  the 
power  to  preserve  its  own  existence.  But  we  find 
that,  in  plain  and  express  terms,  this  authority  is 
delegated.  The  very  powers  that  Mr.  Jefferson 
pointed  out  as  being  wanting  in  the  old  Govern- 
inent,  under  the  Articles  of  Confederation,  are 
granted  by  the  Constitution  of  the  United  States 
to  the  present  Government  by  express  delegation. 
Congress  has  the  power  to  lay  and  collect  taxes ; 
Congress  has  the  power  to  pass  laws  to  restore 
fugitives  from  labor  escaping  from  one  State  into 
another ;  Congress  has  the  power  to  establish  post- 
offices  and  post-roads;  Congress  has  the  power  to 
establish  courts  in  the  different  States ;  and  having 
these  powers,  it  has  the  authority  to  do  everything 
necessary  to  sustain  the  collection  of  the  revenue, 
the  enforcement  of  the  judicial  system,  and  the 
carrying  of  the  mails.  Because  Congress,  having 
the  power,  undertakes  to  execute  its  laws,  it  will 
not  do  to  say  that  the  Government  is  placed  in  the 
position  of  an  aggressor.  Not  so.  It  is  only  act 
ing  within  the  scope  of  the  Constitution,  and  in 
compliance  with  its  delegated  powers.  But  a  State 
that  resists  the  exercise  of  those  powers  becomes 
the  aggressor,  and  places  itself  in  a  rebellious  or 
nullifying  attitude.  It  is  the  duty  of  this  Govern 
ment  to  execute  its  laws  in  good  faith.  When  the 
Federal  Government  shall  fail  to  execute  all  the 


OF  ANDREW  JOHNSON.  105 

laws  that  are  made  in  strict  conformity  with  the 
Constitution,  when  our  sister  States  shall  pass  laws 
violative  of  that  Constitution,  and  obstruct  the  laws 
of  Congress  passed  in  conformity  with  it,  then,  and 
not  till  then,  will  this  Government  have  failed  to 
accomplish  the  great  objects  of  its  creation.  Then 
it  will  be  at  an  end,  and  all  the  parties  to  the  com 
pact  will  be  released. 

But  I  wish  to  go  a  little  further  into  the  author 
ities  as  to  the  power  of  a  State  to  secede  from  the 
Union,  and  to  quote  an  opinion  of  Judge  Marshall, 
given  at  a  very  early  day.  I  know  it  is  very  com 
mon  to  denounce  him  as  a  Federalist,  but  I  care 
not  where  the  truth  comes  from  ;  wherever  a  sound 
argument  may  be  found  to  sustain  a  proposition  that 
is  right  in  itself,  I  am  willing  to  adopt  it ;  and  I 
have  put  myself  to  the  trouble  to  hunt  up  these 
unquestionable  authorities  on  this  subject,  knowing 
that  they  would  have  more  influence  before  the 
country,  and  before  my  constituents,  than  anything 
that  I  could  say.  Though  I  am  not  a  lawyer, 
though  I  have  not  made  the  law  my  study  and  my 
pursuit,  I  claim  to  have  some  little  common  sense 
and  understanding  as  to  the  application  of  general 
principles.  I  find  that  Judge  Marshall,  in  speaking 
on  the  question  of  the  right  of  a  State  upon  its  own 
volition  to  go  out  of  the  Confederacy,  in  the  case 
of  Cohens  vs.  Virginia,  said :  — 

"  It  is  very  true,  that  whenever  hostility  to  the  existing 
system  "  —  that  is,  the  system  of  our  Government  —  u  shall 


106  THE   SPEECHES 

become  universal,  it  will   be   also  irresistible.     The   people 
made  the  Constitution,  and  the  people  can  unmake  it." 

I  care  not  whether  he  speaks  here  of  the  people 
in  the  aggregate  or  not.  The  application  of  the 
principle  is  just  as  clear,  whether  you  say  the 
people,  through  the  States,  made  the  Constitution, 
or  leave  out  the  qualifying  words  "  through  the 
States." 

"It  is  the  creature  of  their  will,  and  lives  only  by  their 
will.  But  this  supreme  and  irresistible  power  to  make  and 
unmake  resides  only  in  the  whole  body  of  the  people;  not 
in  any  subdivision  of  them.  The  attempt  of  any  of  the 
parts  to  exercise  it  is  usurpation,  and  ought  to  be  repelled  by 
those  to  whom  the  people  have  delegated  their  power  of  repel 
ling  it."  ! 

Now,  whether  you  apply  that,  in  a  general  sense, 
to  the  people  in  the  aggregate,  or  to  the  States  oc 
cupying  the  same  relation  to  the  Federal  Govern 
ment  that  the  people  do  to  the  States,  the  principle 
is  just  the  same ;  and  if  you  speak  of  States  ratify 
ing  and  making  the  Constitution  of  the  United 
States,  one  State  —  one  of  the  community  that 
made  the  Constitution  —  has  no  right,  without  the 
consent  of  the  other  States,  to  withdraw  from  the 
compact,  and  set  the  Constitution  at  naught.  It  is 
the  principle  that  I  seek ;  and  the  principle  applies 
as  well  to  a  community  of  States  as  it  does  to  a 
community  of  individuals.  Admitting  that  this 
Federal  Government  was  made  by  a  community 

1    Wheaton's  Reports,  Vol.  VI.  p.  389. 


OF  ANDREW  JOHNSON.  107 

of  States,  can  one  of  that  community  of  States,  of 
its  own  will,  without  the  consent  of  the  rest,  where 
the  compact  is  reciprocal,  set  it  aside,  and  withdraw 
itself  from  the  operation  of  the  Government?  I 
have  given  you  the  opinion  of  Judge  Marshall,  one 
of  the  most  distinguished  jurists  that  ever  presided 
in  this  country,  though  he  is  called  by  some  a  Fed 
eralist.  His  mind  was  clear ;  he  lived  in  that  day 
when  the  Constitution  should  be  understood,  and 
when  it  was  understood  —  in  the  days  of  Madison 
and  Jefferson;  and  this  is  his  opinion  upon  that 
subject,  as  far  back  as  1821. 

In  this  connection,  I  would  call  the  attention  of 
the  Senate  to  General  Jackson's  views  upon  this 
subject ;  and  I  would  also  call  their  attention  to 
Mr.  Webster's  views,  if  it  were  necessary,  for  he 
is  conceded,  by  some  at  least,  to  be  one  of  the  most 
able  expounders  of  the  Constitution  of  the  United 
States.  General  Jackson,  though  not  celebrated 
for  his  legal  attainments,  was  celebrated  for  his 
sagacity,  his  strong  common  sense,  his  great  intui 
tive  power  of  reaching  correct  conclusions,  and 
understanding  correct  principles.  In  1833,  Gen 
eral  Jackson,  in  his  proclamation,  takes  identically 
the  same  ground ;  and  declares,  first,  that  a  State 
has  no  power  of  itself  to  nullify  a  law  of  Congress 
within  its  limits ;  and  next,  that,  notwithstanding 
a  State  may  claim  to  have  seceded,  it  has  no  coi  • 
stitutional  power  to  withdraw  itself  from  the  Union 
of  the  States,  and  thereby  set  at  naught  the  laws 


108  THE  SPEECHES 

and  the  Constitution.  He  argues  this  question 
forcibly  and  clearly ;  and  comes  to  the  unerring 
conclusion,  according  to  my  judgment,  that  no 
State  has  the  constitutional  power  to  withdraw  it 
self  from  this  Confederacy  without  the  consent  of 
the  other  States ;  and  it  may  do  good  to  reproduce 
his  views  on  the  subject.  He  says,  in  his  famous 
proclamation,  speaking  of  the  nullification  ordinance 
of  South  Carolina :  — 

"  And  whereas  the  said  ordinance  prescribes  to  the  people 
of  South  Carolina  a  course  of  conduct  in  direct  violation  of 
their  duty  as  citizens  of  the  United  States,  contrary  to  the 
laws  of  their  country,  subversive  of  its  Constitution,  and 
having  for  its  object  the  destruction  of  the  Union, — that 
Union  which,  coeval  with  our  political  existence,  led  our 
fathers,  without  any  other  ties  to  unite  them  than  those  of 
patriotism  and  a  common  cause,  through  a  sanguinary  strug 
gle  to  a  glorious  independence,  —  that  sacred  Union,  hitherto 
inviolate,  which,  perfected  by  our  happy  Constitution,  has 
brought  us,  by  the  favor  of  Heaven,  to  a  state  of  prosperity 
at  home,  and  high  consideration  abroad,  rarely,  if  ever, 
equalled  in  the  history  of  nations.  To  preserve  this  bond  of 
our  political  existence  from  destruction;  to  maintain  invio 
late  this  state  of  national  honor  and  prosperity,  and  to  justify 
the  confidence  my  fellow-citizens  have  reposed  in  me,  I, 
ANDREW  JACKSON,  President  of  the  United  States,  have 
thought  proper  to  issue  this  my  proclamation,  stating  my 
views  of  the  Constitution  and  the  laws  applicable  to  the 
measures  adopted  by  the  convention  of  South  Carolina,  and 
to  the  reasons  thsy  have  put  forth  to  sustain  them,  declaring 
the  course  which  duty  will  require  me  to  pursue,  and,  appeal 
ing  to  the  understanding  and  patriotism  of  the  people,  warn 
them  of  the  consequences  that  must  inevitably  result  from 
an  observance  of  the  dictates  of  the  convention." 


OF  ANDREW  JOHNSON.  109 

He  argues*  the  question  at  length  :  — 

"  This  right  to  secede  is  deduced  from  the  nature  of  the 
Constitution,  which,  they  say,  is  a  compact  between  sov 
ereign  States,  who  have  preserved  their  whole  sovereignty, 
and  therefore  are  subject  to  no  superior;  that  because  they 
made  the  compact  they  can  break  it  when,  in  their  opinion, 
it  has  been  departed  from  by  the  other  States.  Fallacious 
as  this  course  of  reasoning  is,  it  enlists  State  pride,  and 
finds  advocates  in  the  honest  prejudices  of  those  who  have 
not  studied  the  nature  of  our  Government  sufficiently  to  see 
the  radical  error  on  which  it  rests." 

"  The  people  of  the  United  States  formed  the  Constitu 
tion,  acting  through  the  State  Legislatures  in  making  the 
compact,  to  meet  and  discuss  its  provisions,  and  acting  in 
separate  conventions  when  they  ratified  those  provisions  ; 
but  the  terms  used  in  its  construction  show  it  to  be  a  Gov 
ernment  in  which  the  people  of  all  the  States  collectively 
are  represented.  We  are  ONE  PEOPLE  in  the  choice  of  the 
President  and  Vice-President.  Hence  the  States  have  no 
other  agency  than  to  direct  the  mode  in  which  the  votes 
shall  be  given.  The  candidates  having  the  majority  of  all 
the  votes  are  chosen.  The  electors  of  a  majority  of  the 
States  may  have  given  their  votes  for  one  candidate,  and 
yet  another  may  be  chosen.  The  people,  then,  and  not  the 
States,  are  represented  in  the  executive  branch." 

"  The  Constitution  of  the  United  States,  then,  forms  a 
Government,  not  a  league ;  and  whether  it  be  formed  by 
compact  between  the  States,  or  in  any  other  manner,  its 
character  is  the  same.  It  is  a  Government  in  which  all  the 
people  are  represented;  which  operates  directly  on  the 
people  individually,  not  upon  the  States  —  they  retained  all 
the  power  they  did  not  grant.  But  each  State  having  ex 
pressly  parted  with  so  many  powers  as  to  constitute,  jointly 
with  the  other  States,  a  single  nation,  cannot,  from  that 
10 


110  THE  SPEECHES 

period,  possess  any  right  to  secede;  because* such  secession 
does  not  break  a  league  but  destroys  the  unity  of  a  nation ; 
and  any  injury  to  that  unity  is  not  only  a  breach,  -which 
would  result  from  the  contravention  of  a  compact,  but  it  is 
an  offence  against  the  whole  Union.  To  say  that  any  State 
may,  at  pleasure,  secede  from  the  Union,  is  to  say  that  the 
United  States  are  not  a  nation ;  because  it  would  be  a  sole 
cism  to  contend  that  any  part  of  a  nation  might  dissolve  its 
connection  with  the  other  parts,  to  their  injury  or  ruin, 
without  committing  any  offence.  Secession,  like  any  other 
revolutionary  act,  may  be  morally  justified  by  the  extremity 
of  oppression ;  but  to  call  it  a  constitutional  right,  is  con 
founding  the  meaning  of  terms,  and  can  only  be  done 
through  gross  error,  or  to  deceive  those  who  are  willing  to 
assert  a  right  but  would  pause  before  they  made  a  revolu 
tion,  or  incurred  the  penalties  consequent  on  a  failure. 

"  Because  the  Union  was  formed  by  compact,  it  is  said 
the  parties  to  that  compact  may,  when  they  feel  themselves 
aggrieved,  depart  from  it ;  but  it  is  precisely  because  it  is 
a  compact  that  they  cannot.  A  compact  is  an  agreement 
or  binding  obligation.  It  may  by  its  terms  have  a  sanction 
or  penalty  for  its  breach,  or  it  may  not.  If  it  contains  no 
sanction,  it  may  be  broken,  with  no  other  consequence  than 
moral  guilt;  if  it  have  a  sanction,  then  the  breach  insures 
the  designated  or  implied  penalty.  A  league  between  in 
dependent  nations,  generally,  has  no  sanction  other  than  a 
moral  one ;  or  if  it  should  contain  a  penalty,  as  there  is  no 
common  superior,  it  cannot  be  enforced.  A  Government, 
on  the  contrary,  always  has  a  sanction  expressed  or  implied ; 
and,  in  our  case,  it  is  both  necessarily  implied  and  expressly 
given.  An  attempt,  by  force  of  arms,  to  destroy  a  Govern 
ment,  is  an  offence  by  whatever  means  the  constitutional 
compact  may  have  been  formed,  and  such  Government  has 
the  right,  by  the  law  of  self-defence,  to  pass  acts  for  punish 
ing  the  offender,  unless  that  right  is  modified,  restrained,  or 


OF  ANDREW  JOHNSON.  Ill 

resumed  by  the  constitutional  act.  In  our  system,  although 
it  is  modified  in  the  case  of  treason,  yet  authority  is  expressly 
given  to  pass  all  laws  necessary  to  carry  its  powers  into  effect, 
and  under  this  grant,  provision  has  been  made  for  punishing 
acts  which  obstruct  the  due  administration  of  the  laws."  .  .  . 
"  It  treats,  as  we  have  seen,  on  the  alleged  undivided  sover 
eignty  of  the  States,  and  on  their  having  formed,  in  this 
sovereign  capacity,  a  compact  which  is  called  the  Consti 
tution,  from  which,  because  they  made  it,  they  have  the 
right  to  secede.  Both  of  these  positions  are  erroneous,  and 
some  of  the  arguments  to  prove  them  so  have  been  antici 
pated. 

"  The  States,  severally,  have  not  retained  their  entire 
sovereignty.  It  has  been  shown  that  in  becoming  parts  of 
a  nation,  not  members  of  a  league,  they  surrendered  many 
of  their  essential  parts  of  sovereignly.  The  right  to  make 
treaties,  declare  war,  levy  taxes,  exercise  exclusive  judi 
cial  and  legislative  powers,  were  all  of  them  functions  of 
sovereign  power.  The  States,  then,  for  all  these  purposes, 
were  no  longer  sovereign.  The  allegiance  of  their  citizens 
was  transferred,  in  the  first  instance,  to  the  Government  of 
the  United  States :  they  became  American  citizens,  and 
owed  obedience  to  the  Constitution  of  the  United  States, 
and  to  laws  made  in  conformity  with  the  powers  it  vested 
in  Congress.  This  last  position  has  not  been,  and  cannot 
be,  denied.  How,  then,  can  that  State  be  said  to  be  sov 
ereign  and  independent  whose  citizens  owe  obedience  to 
laws  not  made  by  it,  and  whose  magistrates  are  sworn  to 
disregard  those  laws  when  they  come  in  conflict  with  those 
passed  by  another  ?  What  shows  conclusively  that  the 
States  cannot  be  said  to  have  reserved  an  undivided  sov 
ereignty  is,  that  they  expressly  ceded  the  right  to  punish 
treason,  not  treason  against  their  separate  power,  but  trea 
son  against  the  United  States.  Treason  is  an  offence  against 
sovereignty,  and  sovereignty  must  reside  with  the  power  to 


112  THE  SPEECHES 

punish  it.  But  the  reserved  rights  of  the  States  are  not 
less  sacred  because  they  have,  for  their  common  interest, 
made  the  General  Government  the  depository  of  those 

powers." 

"  So  obvious  are  the  reasons  which  forbid  this  secession, 
that  it  is  necessary  only  to  allude  to  them.  The  Union  was 
formed  for  the  benefit  of  all.  It  was  produced  by  mutual 
sacrifices  of  interest  and  opinions.  Can  these  sacrifices  be 
recalled  ?  Can  the  States,  who  magnanimously  surrendered 
their  title  to  the  territories  of  the  West,  recall  the  grant  ? 
Will  the  inhabitants  of  the  inland  States  agree  to  pay  the 
duties  that  may  be  imposed  without  their  assent  by  those 
on  the  Atlantic  or  the  Gulf  for  their  own  benefit  ?  Shall 
there  be  a  free  port  in  one  State,  and  onerous  duties  in 
another  ?  No  man  believes  that  any  right  exists  in  a  single 
State  to  involve  all  the  others  in  these  and  countless  other 
evils,  contrary  to  the  engagement  solemnly  made.  Every 
one  must  see  that  the  other  States,  in  self-defence,  must 
oppose  it  at  all  hazards." 

Having  travelled  thus  far,  the  question  arises, 
in  what  sense  are  we  to  construe  the  Constitution 
of  the  United  States  ?  I  assume  what  is  assumed 
in  one  of  Mr.  Madison's  letters,  that  the  Consti 
tution  was  formed  for  perpetuity  ;  that  it  never 
was  intended  to  be  broken  up.  It  was  commenced, 
it  is  true,  as  an  experiment ;  but  the  founders  of 
the  Constitution  intended  that  this  experiment 
should  go  on ;  and  by  way  of  making  it  perpetual, 
they  provided  for  its  amendment.  They  provided 
that  this  instrument  could  be  amended  and  im 
proved,  from  time  to  time,  as  the  changing  cir 
cumstances,  as  the  changing  pursuits,  as  the 


OF  ANDREW  JOHNSON.  113 

changing  notions  of  men  might  require  ;  but  they 
made  no  provision  whatever  for  its  destruction. 
The  old  Articles  of  Confederation  were  formed  for 
the  purpose  of  making  "  a  perpetual  union."  In 
1787,  when  the  convention  concluded  their  delib 
erations  and  adopted  the  Constitution,  what  do 
they  say  in  the  very  preamble  of  that  Constitu 
tion  ?  Having  in  their  mind  the  idea  that  was 
shadowed  forth  in  the  old  Articles  of  Confedera 
tion,  that  the  Union  was  to  be  perpetual,  they 
say,  at  the  commencement,  that  it  is  to  make  "  a 
more  perfect  union  "  than  the  union  under  the  old 
Articles  of  Confederation,  which  they  called  "  per 
petual." 

What  furthermore  do  we  find  ?  The  Constitu 
tion  of  the  United  States  contains  a  provision 
that  it  is  to  be  submitted  to  the  States  respec 
tively  for  their  jjatification  ;  but  on  nine  States  rati 
fying  it,  it  shall  be  the  Constitution  for  them.  In 
that  way  the  Government  was  created  ;  and  in 
that  way  provision  was  made  to  perfect  it.  What 
more  do  we  find  ?  The  Constitution,  as  I  have 
just  remarked,  provides  for  its  own  amendment, 
its  improvement,  its  perpetuation,  by  pointing  out 
and  by  prescribing  the  mode  and  manner  in  which 
improvements  shall  be  made.  That  still  preserves 
the  idea  that  it  is  to  be  perpetual.  We  find,  in 
addition,  a  provision  that  Congress  shall  have  power 
to  admit  new  States. 

Hence,  in  travelling  along  through  the  instru- 
10* 


114  THE  SPEECHES 

ment,  we  find  how  the  Government  is  created,  how 
it  is  to  be  perpetuated,  and  how  it  may  be  enlarged 
in  reference  to  the  number  of  States  constituting 
the  Confederacy ;  but  do  we  find  any  provision 
for  winding  it  up,  except  on  that  great  inherent 
principle  that  it  may  be  wound  up  by  the  States 
—  not  by  a  State,  but  by  the  States  which  brought 
it  into  existence  —  and  by  no  other  means  ?  That 
is  a  means  of  taking  down  the  Government  that 
the  Constitution  could  not  provide  for.  It  is  above 
the  Constitution ;  it  is  beyond  any  provision  that 
can  be  made  by  mortal  man. 

Now,  to  expose  the  absurdity  of  the  pretension 
that  there  is  a  right  to  secede,  let  me  press  this 
argument  a  little  further.  The  Constitution  has 
been  formed  ;  it  has  been  made  perfect,  or,  in  other 
words,  means  have  been  provided  by  which  it  can 
be  made  perfect.  It  was  intended  *o  be  perpetual. 
In  reference  to  the  execution  of  the  laws  under  it, 
what  do  we  find  ?  As  early  as  1795,  Congress 
passed  an  excise  law,  taxing  distilleries  throughout 
the  country,  and  what  were  called  the  whiskey  boys 
of  Pennsylvania  resisted  the  law.  The  Govern 
ment  wanted  means.  It  taxed  distilleries.  The 
people  of  Pennsylvania  resisted  it.  What  is  the 
difference  between  a  portion  of  the  people  resist 
ing  a  constitutional  law,  and  all  of  the  people  of  a 
State  doing  so  ?  But  because  you  can  apply  the 
term  coercion  in  one  case  to  a  State,  and  in  the 
other  call  it  simply  the  execution  of  the  law  against 


OF  ANDREW  JOHNSON.  115 

individuals,  you  say  there  is  a  great  distinction ! 
We  do  not  assume  the  power  to  coerce  a  State, 
but  we  assume  that  Congress  has  power  to  lay  and 
collect  taxes,  and  Congress  has  the  right  to  enforce 
that  law  when  obstructions  and  impediments  are 
opposed  to  its  enforcement.  The  people  of  Penn 
sylvania  did  object ;  they  did  resist  and  oppose  the 
legal  authorities  of  the  country.  Was  that  law 
enforced  ?  Was  it  called  coercion  at  that  day  to 
enforce  it  ?  Suppose  all  the  people  of  the  State 
of  Pennsylvania  had  resisted  ;  would  not  the  law 
have  applied  with  just  the  same  force,  and  would 
it  not  have  been  just  as  constitutional  to  execute  it 
against  all  the  people  of  the  State,  as  it  was  to 
execute  it  upon  a  part  of  their  citizens  ? 

George  Washington,  in  his  annual  message  to 
the  Congress  of  the  United  States,  referred  to  the 
subject ;  and  it  will  be  seen  what  George  Washing 
ton  considered  to  be  his  duty  in  the  execution  of 
the  laws  of  the  United  States  upon  the  citizens 
of  the  States  :  — 

"  Thus  the  painful  alternative  could  not  be  discarded.  I 
ordered  the  militia  to  march,  after  once  more  admonishing 
the  insurgents,  in  my  proclamation  of  the  25th  of  Septem 
ber  last. 

"  It  was  a  task  too  difficult,  to  ascertain  with  precision  the 
lowest  degree  of  force  competent  to  the  quelling  of  the  insur 
rection.  From  a  respect,  indeed,  to  economy,  and  the  ease 
of  my  fellow-citizens  belonging  to  the  militia,  it  would  have 
gratified  me  to  accomplish  such  an  estimate.  My  very  reluc 
tance  to  ascribe  too  much  importance  to  the  opposition,  had 


116  THE   SPEECHES 

its  extent  been  accurately  seen,  would  have  been  a  decided 
inducement  to  the  smallest  efficient  numbers.  In  this  un 
certainty,  therefore,  I  put  in  motion  fifteen  thousand  men,  as 
being  an  army  which,  according  to  all  human  calculation, 
would  be  prompt  and  adequate  in  every  view,  and  might, 
perhaps,  by  rendering  resistance  desperate,  prevent  the  effu 
sion  of  blood.  Quotas  had  been  assigned  to  the  States  of 
New  Jersey,  Pennsylvania,  Maryland,  and  Virginia ;  the 
Governor  of  Pennsylvania  having  declared,  on  this  occasion, 
an  opinion  which  justified  a  requisition  to  the  other  States. 

"  As  Commander-in-chief  of  the  militia,  when  called  into 
the  actual  service  of  the  United  States,  I  have  visited  the 
places  of  general  rendezvous,  to  obtain  more  exact  informa 
tion,  and  to  direct  a  plan  for  ulterior  movements.  Had  there 
been  room  for  persuasion  that  the  laws  were  secure  from  ob 
struction  ;  that  the  civil  magistrate  was  able  to  bring  to  justice 
such  of  the  most  culpable  as  have  not  embraced  the  proffered 
terms  of  amnesty,  and  may  be  deemed  fit  objects  of  example ; 
that  the  friends  to  peace  and  good  government  were  not  in 
need  of  that  aid  and  countenance  which  they  ought  always 
to  receive,  and,  T  trust,  ever  will  receive,  against  the  vicious 
and  turbulent;  I  should  have  caught  with  avidity  the  op 
portunity  of  restoring  the  militia  to  their  families  and  homes. 
But  succeeding  intelligence  has  tended  to  manifest  the  neces 
sity  of  what  has  been  done  ;  it  being  now  confessed  by  those 
who  were  not  inclined  to  exaggerate  the  ill  conduct  of  the 
insurgents,  that  their  malevolence  was  not  pointed  merely  to 
a  particular  law,  but  that  a  spirit  inimical  to  all  order  has 
actuated  many  of  the  offenders.  If  the  state  of  things  had 
afforded  reason  for  the  continuance  of  my  presence  with 
the  army,  it  would  not  have  been  withholden.  But  every 
appearance  assuring  such  an  issue  as  will  redound  to  the  rep 
utation  and  strength  of  the  United  States,  I  have  judged  it 
most  proper  to  resume  my  duties  at  the  seat  of  Government, 
leaving  the  chief  command  with  the  Governor  of  Virginia."  .  .  . 

"  While  there  is  cause  to  lament  that  occurrences  of  this 


OF  ANDREW  JOHNSON.  117 

nature  should  have  disgraced  the  name  or  interrupted  the 
tranquillity  of  any  part  of  our  community,  or  should  have 
diverted  to  a  new  application  any  portion  of  the  public  re 
sources,  there  are  not  wanting  real  and  substantial  consolations 
for  the  misfortune.  It  has  demonstrated  that  our  prosperity 
rests  on  solid  foundations,  by  furnishing  an  additional  proof 
that  my  fellow-citizens  understand  the  true  principles  of  gov 
ernment  and  liberty ;  that  they  feel  their  inseparable  union  ; 
that,  notwithstanding  all  the  devices  which  have  been  used 
to  sway  them  from  their  interest  and  duty,  they  are  now  as 
ready  to  maintain  the  authority  of  the  laws  against  licentious 
invasions  as  they  were  to  defend  their  rights  against  usurpa 
tion.  It  has  been  a  spectacle,  displaying  to  the  highest  ad 
vantage  the  value  of  republican  government,  to  behold  the 
most  and  the  least  wealthy  of  our  citizens  standing  in  the  same 
ranks  as  private  soldiers,  preeminently  distinguished  by  being 
the  army  of  the  Constitution,  undeterred  by  a  march  of  three 
hundred  miles  over  rugged  mountains,  by  the  approach  of  an 
inclement  season,  or  by  any  other  discouragement.  Nor  ought 
I  to  omit  to  acknowledge  the  efficacious  and  patriotic  coopera 
tion  which  I  have  experienced  from  the  Chief  Magistrates  of 
the  States  to  which  my  requisitions  have  been  addressed."  * 

President  Washington  thought  there  was  power 
in  this  Government  to  execute  its  laws  ;  he  con 
sidered  the  militia  the  army  of  the  Constitution  ; 
and  he  refers  to  this  Union  as  being  inseparable. 
This  is  the  way  that  the  laws  were  executed  by  the 
Father  of  his  Country,  the  man  who  sat  as  president 
of  the  convention  that  made  the  Constitution.  Here 
was  resistance  interposed  —  opposition  to  the  exe 
cution  of  the  laws ;  and  George  Washington,  then 
President  of  the  United  States,  went  in  person  at 

1  American  State  Papers,  Miscellaneous,  Vol.  I.  p.  85. 


118  THE  SPEECHES 

the  head  of  the  militia ;  and  it  showed  his  sagacity, 
his  correct  comprehension  of  men,  and  the  effect 
that  an  immediate  movement  of  that  kind  would 
have  upon  them.  He  ordered  fifteen  thousand  of 
his  countrymen  to  the  scene  of  action,  and  went 
there  in  person,  and  stayed  there  till  he  was  satis 
fied  that  the  insurrection  was  quelled.  That  is  the 
manner  in  which  George  Washington  put  down 
rebellion.  That  is  the  manner  in  which  he  exe 
cuted  the  laws. 

Here,  then,  we  find  General  Washington  exe 
cuting  the  law,  in  1795,  against  a  portion  of  the 
citizens  of  Pennsylvania  who  rebelled  ;  and,  I  re 
peat  the  question,  where  is  the  difference  between 
executing  the  law  upon  a  part  and  upon  the  whole? 
Suppose  the  whole  of  Pennsylvania  had  rebelled 
and  resisted  the  excise  law  ;  had  refused  to  pay 
taxes  on  distilleries  ;  was  it  not  as  competent  and 
as  constitutional  for  General  Washington  to  have 
executed  the  law  against  the  whole  as  against  a 
part  ?  Is  there  any  difference  ?  Governmental 
affairs  must  be  practical  as  well  as  our  own  do 
mestic  affairs.  You  may  make  nice  metaphysical 
distinctions  between  the  practical  operations  of 
Government  and  its  theory ;  you  may  refine  upon 
what  is  a  State,  and  point  out  a  difference  between 
a  State  and  a  portion  of  a  State  ;  but  what  is  it 
when  you  reduce  it  to  practical  operation,  and 
square  it  by  common  sense  ? 

In  1832,  resistance  was  interposed  to  laws  of 


OF  ANDREW  JOHNSON.  119 

the  United  States  in  another  State.  An  ordinance 
was  passed  by  South  Carolina,  assuming  to  act  as 
a  sovereign  State,  to  nullify  a  law  of  the  United 
States.  In  1833,  the  distinguished  man  who  filled 
the  executive  chair,  who  now  lies  in  his  silent 
grave,  loved  and  respected  for* his  virtue,  his  honor, 
his  integrity,  his  patriotism,  his  undoubted  courage, 
and  his  devotion  to  his  kind,  with  an  eye  single  to 
the  promotion  of  his  country's  best  interests,  issued 
the  proclamation,  extracts  from  which  I  have  already 
presented.  He  was  sworn  to  support  the  Consti 
tution,  and  to  see  that  the  laws  were  faithfully 
executed  ;  and  he  fulfilled  the  obligation.  He 
took  all  the  steps  necessary  to  secure  the  execution 
of  the  law,  and  he  would  have  executed  it  by  the 
power  of  the  Government  if  the  point  of  time  had 
arrived  when  it  was  necessary  to  resort  to  power. 
We  can  see  that  he  acted  upon  principles  similar 
to  those  acted  upon  by  General  Washington.  He 
took  the  precaution  of  ordering  a  force  there 
sufficient  for  the  purpose  of  enabling  him  to  say 
effectually  to  the  rebellious,  and  those  who  were 
interposing  opposition  to  the  execution  of  the  laws, 
"  The  laws  which  we  made  according  to  the  Con 
stitution,  the  laws  that  provide  for  the  collection 
of  the  revenue  to  sustain  this  Government,  must  be 
enforced,  and  the  revenue  must  be  collected.  It  is 
a  part  of  the  compact ;  it  is  a  part  of  the  engage 
ment  you  have  undertaken  to  perform,  and  you  of 
your  own  will  have  no  power  or  authority  to  set 


120  THE  SPEECHES 

it  aside."  The  duties  were  collected  ;  the  law  was 
enforced  ;  and  the  Government  went  on.  In  his 
proclamation  he  made  a  powerful  appeal.  He  told 
them  what  would  be  done  ;  and  it  would  have  been 
done,  as  certain  as  God  rules  on  high,  if  the  time 
had  arrived  which  made  it  necessary. 

Then  we  see  where  General  Washington  stood, 
and  where  General  Jackson  stood.  Now,  how 
does  the  present  case  stand  ?  The  time  has  come 
when  men  should  speak  out.  Duties  are  mine  ; 
consequences  are  God's.  I  intend  to  discharge 
my  duty,  and  I  intend  to  avow  my  understanding 
of  the  Constitution  and  the  laws  of  the  country. 
Have  we  no  authority  or  power  to  execute  the 
laws  in  the  State  of  South  Carolina  as  well  as  in 
Vermont  and  Pennsylvania  ?  I  think  we  have. 
As  I  before  said,  although  a  State  may,  by  an  ordi 
nance,  or  by  a  resolve,  or  by  an  act  of  any  other 
kind,  declare  that  they  absolve  their  citizens  from  all 
allegiance  to  this  Government,  it  does  not  release 
them  from  the  compact.  The  compact  is  reciprocal ; 
and  they,  in  coming  into  it,  undertook  to  perform 
certain  duties  and  abide  by  the  laws  made  in  con 
formity  with  the  compact.  Now,  sir,  what  is  the 
Government  to  do  in  South  Carolina  ?  If  South 
Carolina  undertakes  to  drive  the  Federal  courts  out 
of  that  State,  the  Federal  Government  has  the 
right  to  hold  those  courts  there.  She  may  attempt 
to  exclude  the  mails,  yet  the  Federal  Government 
has  the  right  to  establish  post-offices  and  pos.t-roads 


OF  ANDREW  JOHNSON.  121 

and  to  carry  the  mails  there.  She  may  resist  the 
collection  of  revenue  at  Charleston,  or  any  other 
point  that  the  Government  has  provided  for  its 
collection ;  but  the  Government  has  the  right  to  col 
lect  it  and  to  enforce  the  law.  She  may  undertake 
to  take  possession  of  the  property  beloriging  to  the 
Government  which  was  originally  ceded  by  the 
State,  but  the  Federal  Government  has  the  right 
to  provide  the  means  for  retaining  possession  of  that 
property.  If  she  makes  an  advance  either  to  dis 
possess  the  Government  of  that  which  it  has  pur 
chased,  or  to  resist  the  execution  of  the  revenue 
laws,  or  of  our  judicial  system,  or  the  carrying  of 
the  mails,  or  the  exercise  of  any  other  power  con 
ferred  on  the  Federal  Government,  she  puts  herself 
in  the  wrong,  and  it  will  be  the  duty  of  the  Gov 
ernment  to  see*  that  the  laws  are  faithfully  exe 
cuted.  By  reference  to  the  records,  it  will  be 
seen  that,  on 

"  December  19,  1805,  South  Carolina  granted  all  the  right, 
title,  and  claim  of  the  State  to  all  the  lands  reserved  for  Fort 
Moultrie,  on  Sullivan's  Island,  not  exceeding  five  acres,  with 
all  the  forts,  fortifications,  &c.,  thereon;  canal,  &c.  ;  the  high 
lands,  and  part  of  the  rnarsh,  belonging  to  Fort  Johnson,  not 
exceeding  twenty  acres ;  the  land  on  which  Fort  Pinckney  is 
built,  and  three  acres  around  it ;  a  portion  of  the  sandbank  on 
the  southeasternmost  point  of  Charleston,  not  exceeding  two 
acres ;  not  exceeding  four  acres  for  a  battery,  or  fort,  &c.,  on 
Blythe's  Point,  at  the  mouth  of  Sampit  River  ;  Mustard  Island, 
in  Beaufort  River,  opposite  Paris's  Island  ;  not  exceeding  seven 
acres  of  land  on  St.  Helena  Island,  for  a  principal  fort ;  the 
whole  on  condition  that  the  United  States  should,  within  three 
11 


122  .   THE  SPEECHES 

years,  repair  forts,  &c. ;  the  United  States  to  compensate  indi 
viduals  for  property ;  the  lands,  &c.,  to  be  free  from  taxes  to 
the  State." 

Here  is  a  clear  deed  of  cession.  The  Federal 
Government  has  complied  with  all  the  conditions, 
and  has,  in  its  own  right,  the  land  on  which  these 
forts  are  constructed.  The  conditions  of  the  ces 
sion  have  been  complied  with  ;  and  the  Government 
has  had  possession  from  that  period  to  the  present 
time.  There  are  its  forts  ;  there  is  its  arsenal ; 
there  are  its  dock-yards  ;  there  is  the  property  of 
the  Government ;  and  now,  under  the  Constitution, 
and  under  the  laws  made  in  pursuance  thereof,  has 
South  Carolina  the  authority  and  the  right  to  expel 
the  Federal  Government  from  its  own  property  that 
has  been  given  to  it  by  her  own  act,  and  of  which  it 
is  now  in  possession  ?  By  resisting  the  execution 
of  the  laws,  by  attempting  to  dispossess  the  Fed 
eral  Government,  does  she  not  put  herself  in  the 
wrong  ?  Does  she  not  violate  the  laws  of  the  United 
States  ?  Does  she  not  violate  the  Constitution  ? 
Does  she  not  put  herself,  within  the  meaning  and 
purview  of  the  Constitution,  in  the  attitude  of  levy-, 
ing  war  against  the  United  States  ?  The  Constitu 
tion  defines  and  declares  what  is  treason.  Let  us 
talk  about  things  by  their  right  names.  I  know 
that  some  hotspur  or  madcap  may  declare  that  these 
are  not  times  for  a  government  of  law  ;  that  we  are 
in  a  revolution.  I  know  that  Patrick  Henry  once 
said,  "  If  this  be  treason,  make  the  most  of  it."  If 


OF  ANDREW  JOHNSON.  123 

anything  can  be  treason  in  the  scope  and  purview 
of  the  Constitution,  is  not  levying  war  upon  the 
United  States  treason  ?  Is  not  an  attempt  to  take 
its  property  treason  ?  Is  not  an  attempt  to  expel 
its  soldiers  treason  ?  Is  not  an  attempt  to  resist  the 
collection  of  the  revenue,  or  to  expel  your  mails,  or 
to  drive  your  courts  from  her  borders,  treason  ?  It 
is  treason,  and  nothing  but  treason  ;  and  if  one 
State,  upon  its  own  volition,  can  go  out  of  this  Con 
federacy  without  regard  to  the  effect  it  is  to  have 
upon  the  remaining  parties  to  the  compact,  what  is 
your  Government  worth  ?  What  will  it  come  to  ? 
In  what  will  it  end  ?  It  is  no  Government  at  all 
upon  such  a  construction. 

But  it  is  declared  and  assumed  that,  if  a  State 
secedes,  she  is  no  longer  a  member  of  the  Union, 
and  that,  therefore,  the  laws  and  the  Constitution 
of  the  United  States  are  no  longer  operative  within 
her  limits,  and  she  is  not  guilty  if  she  violates  them. 
This  is  a  matter  of  opinion.  I  have  tried  to  show 
what  this  doctrine  of  secession  is,  and  there  is  but 
one  concurring  and  unerring  conclusion  reached  by 
all  the  great  and  distinguished  men  of  the  country, 
from  the  origin  of  the  Government  clown  to  the 
present  time.  Madison,  who  is  called  the  Father 
of  the  Constitution,  denies  the  doctrine.  Washing 
ton,  who  was  the  Father  of  his  Country,  denies  the 
doctrine.  Jefferson,  Jackson,  Clay,  and  Webster, 
all  deny  the  doctrine  ;  and  yet  all  at  once  it  is  dis 
covered  and  ascertained  that  a  State,  of  its  own 


124  THE  SPEECHES 

volition,  can  go  out  of  this  Confederacy,  without 
regard  to  consequences,  without  regard  to  the  in 
jury  and  woe  that  may  be  inflicted  on  the  remain 
ing  members  from  the  act ! 

Suppose  this  doctrine  to  be  true,  Mr.  President, 
that  a  State  can  withdraw  from  this  Confederacy  ; 
and  suppose  South  Carolina  has  seceded,  and  is 
now  out  of  the  Confederacy :  in  what  an  attitude 
does  she  place  herself?  There  might  be  circum 
stances  under  which  the  States  ratifying  the  com 
pact  might  tolerate  the  secession  of  a  State,  she  tak 
ing  the  consequences  of  the  act.  But  there  might 
be  other  circumstances  under  which  the  States 
could  not  allow  one  to  secede.  Why  do  I  say  so  ? 
Some  suppose  —  and  it  is  a  well-founded  supposi 
tion  —  that  by  the  secession  of  a  State  all  the  re 
maining  States  might  be  involved  in  disastrous  con 
sequences  ;  they  might  be  involved  in  war  ;  and  by 
the  secession  of  one  State,  the  existence  of  the  re 
maining  States  might  be  involved.  Then,  without 
regard  to  the  Constitution,  dare  the  other  States 
permit  one  to  secede  when  it  endangers  and  involves 
all  the  remaining  States  ?  The  question  arises  in 
this  connection,  whether  the  States  are  in  a  condi 
tion  to  tolerate  or  will  tolerate  the  secession  of 
South  Carolina.  That  is  a  matter  to  be  determined 
by  the  circumstances ;  that  is  a  matter  to  be  deter 
mined  by  the  emergency ;  that  is  a  matter  to  be 
determined  when  it  comes  up.  It  is  a  question 
which  must  be  left  open  to  be  determined  by  the 


OP  ANDREW  JOHNSON.  125 

surrounding     circumstances,    when    the    occasion 
arises. 

But  conceding,  for  argument's  sake,  the  doctrine 
of  secession,  and  admitting  that  the  State  of  South 
Carolina  is  now  upon  your  coast,  a  foreign  Power, 
absolved  from  all  connection  with  the  Federal  Gov 
ernment,  out  of  the  Union  :  what  then  ?  There 
was  a  doctrine  inculcated  in  1823,  by  Mr.  Monroe, 
that  this  Government,  keeping  in  view  the  safety  of 
the  people  and  the  existence  of  our  institutions, 
wouM  permit  no  European  Power  to  plant  any 
more  colonies  on  this  continent.  Now,  suppose  that 
South  Carolina  is  outside  of  the  Confederacy,  and 
this  Government  is  in  possession  of  the  fact  that  she 
is  forming  an  alliance  with  a  foreign  Power  —  with 
France,  with  England,  with  Russia,  with  Austria, 
or  with  all  of  the  principal  Powers  of  Europe  ;  that 
there  is  to  be  a  great  naval  station  established  there; 
an  immense  rendezvous  for  their  army,  with  a  view 
to  ulterior  objects,  with  a  view  of  making  advances 
upon  the  rest  of  these  States  :  let  me  ask  the  Senate, 
let  me  ask  the  country,  if  they  dare  permit  it  ? 
Under  and  in  compliance  with  the  great  law  of 
self-preservation,  we  dare  not  let  her  do  it ;  and  if 
she  were  a  sovereign  Power  to-day,  outside  of  the 
Confederacy,  and  were  forming  an  alliance  that  we 
deemed  inimical  to  our  institutions  and  the  exist 
ence  of  our  Government,  we  should  have  a  right  to 
conquer  and  hold  her  as  a  province,  —  a  term  which 
is  used  with  so  much  scorn. 
11* 


126  THE  SPEECHES 

Mr.  President,  I  have  referred  to  the  manner  in 
which  this  Government  was  formed.  I  have  re 
ferred  to  the  provision  of  the  Constitution  which 
provides  for  the  admission  of  new  States.  Now,  let 
me  ask,  can  any  one  believe  that,  in  the  creation 
of  this  Government,  its  founders  intended  that  it 
should  have  the  power  to  acquire  territory  and  form 
it  into  States,  and  then  permit  them  to  go  out  of 
the  Union  ?  Let  us  take  a  case.  How  long  has 
it  been  since  your  armies  were  in  Mexico  ?  How 
long  since  your  brave  men  were  exposed  t<f  the 
diseases,  the  privations,  the  sufferings,  which  are  in 
cident  to  a  campaign  of  that  kind  ?  How  long  since 
they  were  bearing  your  eagles  in  a  foreign  land, 
many  of  them  falling  at  the  point  of  the  bayonet, 
consigned  to  their  long,  narrow  home,  with  no  wind 
ing-sheet  but  their  blankets  saturated  with  their 
blood  ?  How  many  victories  did  they  win  ?  How 
many  laurels  did  they  acquire  ?  How  many  trophies 
did  they  bring  back  ?  The  country  is  full  of  them. 
What  did  it  cost  you  ?  One  hundred  and  twenty 
million  dollars.  What  did  you  pay  for  the  country 
you  acquired,  besides  ?  Fifteen  million  dollars. 
Peace  was  made  ;  territory  was  acquired  ;  and,  in 
a  few  years,  from  that  territory  California  erected 
herself  into  a  free  and  independent  State,  and, 
under  the  provisions  of  the  Constitution,  we  ad 
mitted  her  as  a  member  of  this  Confederacy.  After 
having  expended  1120,000,000  in  the  war  ;  after 
having  lost  many  of  our  bravest  and  most  gallant 


OF  ANDREW  JOHNSON.  127 

men ;  after  having  paid  815,000,000  to  Mexico  for 
the  territory,  and  admitted  it  into  the  Union  as  a 
State,  now  that  the  people  of  California  have  got 
into  the  Confederacy  and  can  stand  alone,  according 
to  this  modern  doctrine,  your  Government  was  just 
made  to  let  them  in,  and  then  to  let  them  step  out. 
Is  not  the  conclusiorir  illogical  ?  Is  it  not  absurd 

O 

to  say,  that,  now  that  California  is  in,  she,  on  her 
own  volition,  —  without  regard  to  the  consideration 
paid  for  her,  without  regard  to  the  policy  which 
dictated  her  acquisition  by  the  United  States,  —  can 
walk  out  and  bid  you  defiance  ?  Is  it  not  an  ab 
surdity,  if  you  take  the  reason  and  object  of  Gov 
ernment  ? 

But  we  need  not  stop  here ;  let  us  go  to  Texas. 
Texas  was  engaged  in  a  revolution  with  Mexico. 
She  succeeded  in  the  assertion  and  establishment  of 
her  independence  ;  and  she  became  a  sovereign  and 
independent  Power  outside  of  this  Union.  She  ap 
plied  for  admission,  and  she  was  admitted  into  this 
family  of  States.  After  she  was  in,  she  was  op 
pressed  by  the  debts  of  her  war  which  resulted  in 
her  separation  from  Mexico  ;  she  was  harassed  by 
the  Indians  upon  her  border ;  and  in  1850,  by  way 
of  relief  to  Texas,  what  did  we  do  ?  There  was  an 
extent  of  territory  that  lies  north,  if  my  memory 
serves  me  right,  embracing  what  is  now  called  the 
Territory  of  New  Mexico.  Texas  had  it  not  in  her 
power  to  protect  the  citizens  that  were  there.  It 
was  a  dead  limb,  paralyzed,  lifeless.  The  Federal 


128  THE  SPEECHES 

Government  came  along  as  a  kind  physician,  saying, 
*'  We  will  take  this  dead  J[imb  from  your  body,  and 
vitalize  it,  by  giving  protection  to  the  people,  and 
incorporating  it  into  a  territorial  government ;  and, 
in  addition  to  that,  we  will  give  you  $10,000,000, 
and  you  may  retain  your  own  public  lands  "  ;  and 
the  other  States  were  taxed  in»  common  to  pay  the 
$10,000,000.  Now,  after  all  this  is  done,  Texas, 
forsooth,  upon  her  own  volition,  is  to  say,  "  I  will 
walk  out  of  this  Union !  "  Were  there  no  other 
parties  to  that  compact?  We  are  told  the  compact 
is  reciproca".  Did  we  take  in^  California,  did  we 
take  in  Te^  as,  just  to  benefit  them  ?  No  ;  but  to 
add  to  this  «  reat  family  of  States ;  and  it  is  apparent, 
from  the  fa<  t  of  their  coming  in,  that  the  compact  is 
reciprocal;  and  having  entered  into  the  compact, 
they  have  ]  o  right  to  withdraw  without  the  consent 
of  the  rem?  ning  States. 

Again  :  t  ike  the  case  of  Louisiana.  What  did  we 
pay  for  her  in  1803,  and  for  what  was  she  wanted  ? 
Just  to  get  Louisiana  into  the  Confederacy !  Just 
for  the  benefit  of  that  particular  locality  I  Was  not 
the  mighty  West  looked  to  ?  Was  is  not  to  secure 
the  free  navigation  of  the  Mississippi  River,  the 
mouth  of  which  was  then  in  possession  of  France, 
shortly  before  of  Spain,  passing  about  between  those 
two  Powers  ?  Yes,  the  navigation  of  that  river  was 
wanted.  Simply  for  Louisiana  ?  No,  but  for  all  the 
States.  The  United  States  paid  115,000,000,  and 
France  ceded  the  country  to  the  United  States.  It 


OF  ANDREW  JOHNSON.  129 

remained  in  a  territorial  condition  for  a  while,  sus 
tained  and  protected  by  the  strong  arm  of  the  Fed 
eral  Government.  We  acquired  the  territory  and 
the  navigation  of  the  river  ;  and  the  money  was 
paid  for  the  benefit  of  all  the  States,  and  not  of  Lou 
isiana  exclusively.  And  now  that  this  great  valley 
is  filled  up ;  now  that  the  navigation  of  the  Missis 
sippi  is  one  hundred  times  more  important  than  it 
was  then  ;  now,  after  the  United  States  have  paid 
the  money,  have  acquired  the  title  to  Louisiana, 
and  have  incorporated  her  into  the  Confederacy, 
it  is  proposed  that  she  shall  go  out  of  the  Union  ! 
In  1815,  when  her  shores  were  invaded  ;  when  her 
city  was  about  to  be  sacked ;  when  her  booty  and 
her  beauty  were  about  to  fall  a  prey  to  British  ag 
gression,  the  brave  men  of  Tennessee,  and  of  Ken 
tucky,  and  of  the  surrounding  States,  rushed  into 
her  borders  and  upon  her  shores,  and,  under  the 
lead  of  their  own  gallant  Jackson,  drove  the  invad 
ing  forces  away.  And  now,  after  all  this  ;  after  the 
money  has  been  paid  ;  after  the  free  navigation  of 
the  river  has  been  obtained,  —  not  for  the  benefit  of 
Louisiana  alone,  but  for  her  in  common  with  all  the 
States,  —  Louisiana  says  to  the  other  States,  "  We 
will  go  out  of  this  Confederacy  ;  we  do  not  care  if 
you  did  fight  our  battles  ;  we  do  not  care  if  you  did 
acquire  the  free  navigation  of  this  river  from  France ; 
we  will  go  out  if  we  think  proper,  and  constitute 
ourselves  an  independent  Power,  and  bid  defiance 
to  the  other  States."  It  is  an  absurdity ;  it  is  a  con- 


130  THE  SPEECHES 

tradiction  ;  it  is  illogical ;  it  is  not  deducible  from 
the  structure  of  the  Government  itself. 

It  may  be  that,  at  this  moment,  there  is  not  a 
citizen  in  the  State  of  Louisiana  who  would  think 
of  obstructing  the  free  navigation  of  the  river  ;  but 
are  not  nations  controlled  by  their  interests  in  vary 
ing  circumstances  ?  It  strikes  me  so  ;  and  here 
after,  when  a  conflict  of  interest  arises ;  when  dif 
ficulty  may  spring  up  between  two  separate  Powers, 
Louisiana,  having  the  control  of  the  mouth  of  the 
river,  might  feel  disposed  to  tax  our  citizens  going 
down  there.  It  is  a  power  that  I  am  not  willing  to 
concede  to  be  exercised  at  the  discretion  of  any  au 
thority  outside  of  this  Government.  So  sensitive 
have  been  the  people  of  my  State  upon  the  free 
navigation  of  that  river,  that  as  far  back  as  1796, 
now  sixty-four  years  ago,  in  their  Bill  of  Rights, 
before  they  passed  under  the  jurisdiction  of  the 
United  States,  they  declared,  — 

"  That  an  equal  participation  of  the  free  navigation  of  the 
Mississippi  is  one  of  the  inherent  rights  of  the  citizens  of  this 
State  ;  it  cannot,  therefore,  be  conceded  to  any  prince,  poten 
tate,  Power,  person,  or  persons  whatever." 

This  shows  the  estimate  that  the  people  fixed  on 
this  stream  sixty-four  years  ago  ;  and  now  we  are 
told,  if  Louisiana  does  go  out,  it  is  not  her  intention 
at  this  time  to  tax  the  people  above.  Who  can  tell 
what  may  be  the  intention  of  Louisiana  hereafter  ? 
Are  we  willing  to  place  the  rights,  the  travel,  and 
the  commerce  of  our  citizens  at  the  discretion  of 


OF  ANDREW  JOHNSON.  131 

any  Power  outside  of  this  Government?  I  will 
not. 

How  long  has  it  been  since  Florida  lay  on  our 
coasts,  an  annoyance  to  us  ?  And  now  she  has  got 
entirely  feverish  about  being  an  independent  and 
separate  Government,  while  she  has  not  as  many 
qualified  voters  as  there  are  in  one  congressional 
district  of  any  other  State.  What  condition  did 
Florida  occupy  in  1811  ?  She  was  in  the  possession 
of  Spain.  What  did  the  United  States  think  about 
having  adjacent  territory  outside  of  their  jurisdic 
tion  ?  Let  us  turn  to  the  authorities,  and  see  what 
proposition  they  were  willing  to  act  upon.  I  find, 
in  the  statutes  of  the  United  States,  this  joint  reso 
lution  :  — 

"  Taking  into  view  the  peculiar  situation  of  Spain,  and  of 
her  American  provinces,  and  considering  the  influence  which 
the  destiny  of  the  territory  adjoining  the  Southern  border  of 
the  United  States  may  have  upon  their  security,  tranquillity, 
and  commerce  :  Therefore, 

"Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
United  States,  under  the  peculiar  circumstances  of  the  exist 
ing  crisis,  cannot,  without  serious  inquietude,  see  any  part  of 
the  said  territory  pass  into  the  hands  of  any  foreign  Power ; 
and  that  a  due  regard  to  their  own  safety  compels  them  to 
provide,  under  certain  contingencies,  for  the  temporary  occupa 
tion  of  the  said  territory.  They,  at  the  same  time,  declare 
that  the  said  territory  shall,  in  their  hands,  remain  subject  to 
future  negotiation." 

What  principle  is  set  forth  there  ?  Florida  was 
in  the  possession  of  Spain.  English  spies  were  har- 


132  THE  SPEECHES 

bored  in  her  territory.  Spain  was  inimical  to  the 
United  States  ;  and  in  view  of  the  great  principle 
of  self-preservation,  the  Congress  of  the  United 
States  passed  a  resolution  declaring  that  if  Spain 
attempted  to  transfer  Florida  into  the  hands  of  any 
other  Power,  the  United  States  would  take  posses 
sion  of  it.  Yet  Congress  were  gracious  and  con 
descending  enough  to  say  that  it  should  remain 
open  to  future  negotiation.  That  is  to  say,  "  Here 
after,  if  we  can  make  a  negotiation  that  will  suit 
us,  we  will  make  it ;  if  we  do  not,  we  will  keep  the 
territory "  ;  that  is  all.  There  was  the  territory 
lying  upon  our  border,  outside  of  the  jurisdiction 
of  the  United  States  ;  and  we  declared,  by  an  act 
of  Congress,  that  no  foreign  Power  should  pos 
sess  it. 

We  went  still  further  and  appropriated  8100,000, 
and  authorized  the  President  to  enter  and  take  pos 
session  of  it  with  the  means  placed  in  his  hands. 
Afterwards,  we  negotiated  with  Spain,  and  gave 
$6,000,000  for  the  territory  ;  and  we  established  a 
territorial  government  for  it.  What  next  ?  We 
undertook  to  drive  out  the  Seminole  Indians,  and 
we  had  a  war  in  which  this  Government  lost  more 
than  it  lost  in  all  the  other  wars  it  was  engaged  in  ; 
and  we  paid  the  sum  of  $25,000,000  to  get  the 
Seminoles  out  of  the  swamps,  so  that  the  territory 
could  be  inhabited  by  white  men.  We  paid  for  it, 
we  took  possession  of  it ;  and  I  remember,  when  I 
was  in  the  other  House,  and  Florida  was  knocking 


OF  ANDREW  JOHNSON.  133 

at  the  door  for  admission,  how  extremely  anxious 
her  then  able  Delegate  was  to  be  admitted.  He 
now  sits  before  me.1  I  remember  how  important 
he  thought  it  was  then  to  come  under  the  protect 
ing  wing  of  the  United  States  as  one  of  the  stars  of 
our  Confederacy.  But  now  the  territory  is  paid 
for,  England  is  driven  out,  $25,000,000  have  been 
expended  ;  and  they  want  no  longer  the  protection 
of  this  Government,  but  will  go  out  without  con 
sulting  the  other  States,  without  reference  to  the 
effect  upon  the  remaining  parties  to  the  compact. 
Where  will  she  go  ?  Will  she  attach  herself  to  Spain 
again  ?  Will  she  pass  back  under  the  jurisdiction 
of  the  Seminoles  ?  After  having  been  nurtured 
and  protected  and  fostered  by  all  these  States,  now, 
without  regard  to  them,  is  she  to  be  allowed,  at  her 
own  volition,  to  withdraw  from  the  Union  ?  I  say 
she  has  no  constitutional  right  to  do  it ;  and  when  she 
does  it,  it  is  an  act  of  aggression.  If  she  succeeds, 
it  will  only  be  a  successful  revolution.  If  she  does 
not  succeed,  she  must  take  the  penalties  and  terrors 
of  the  law. 

But,  sir,  there  is  another  question  that  suggests 
itself  in  this  connection.  Kansas,  during  the  last 
Congress,  applied  for  admission  into  this  Union. 
She  assumed  to  be  a  State,  and  the  difficulty  in  the 
way  was  a  provision  in  her  constitution,  and  the 
manner  of  its  adoption.  We  did  not  let  Kansas  in. 
We  did  not  question  her  being  a  State  ;  but  on  ac- 

i  Mr.  Yulee. 
12 


134  THE  SPEECHES 

count  of  the  manner  of  forming  her  constitution  and 
its  provisions,  we  kept  Kansas  out.  What  is  Kan 
sas  now  ?  Is  she  a  State,  or  is  she  a  Territory  ? 
Does  she  revert  back  to  her  territorial  condition  of 
pupilage  ?  Or,  having  been  a  State,  and  having 
applied  for  admission  and  been  refused,  is  she  stand 
ing  out  a  State  ?  You  hold  her  as  a  Territory ;  you 
hold  her  as  a  province.  You  prescribe  the  mode  of 
electing  the  members  of  her  Legislature,  and  pay 
them  out  of  your  own  treasury.  Yes,  she  is  a 
province  controlled  by  Federal  authority,  and  her 
laws  are  made  in  conformity  with  the  acts  of  Con 
gress.  Is  she  not  a  Territory  ?  I  think  she  is. 

Suppose  the  State  of  California  withdraws  from 
the  Union.  We  admitted  her.  She  was  territory 
acquired  by  the  United  States,  by  our  blood  and  our 
treasure.  Now,  suppose  she  withdraws  from  the 
Confederacy :  does  she  pass  back  into  a  territorial 
condition,  remain  a  dependency  upon  the  Federal 
Government,  or  does  she  stand  out  as  a  separate 
government  ?  Let  me  take  Louisiana,  for  which  we 
paid  $15,000,000.  That  was  a  Territory  for  a 
number  of  years  —  yes,  a  province.  It  is  only  an 
other  name  for  a  province.  It  is  a  possession  held 
under  the  jurisdiction  of  the  United  States.  We 
admitted  Louisiana  into  the  Union  as  a  State.  Sup 
pose  we  had  refused  to  admit  her :  would  she  not 
still  have  remained  a  Territory  ?  Would  she  not 
have  remained  under  the  protection  of  the  United 
States  ?  But  now,  if  she  has  the  power  to  with- 


OF  ANDREW   JOHNSON.  135 

draw  from  the  Union,  does  she  not  pass  back  into 
the  condition  in  which  she  was  before  we  admitted 
her  into  the  Union  ?  In  what  condition  does  she 
place  herself?  When  those  States  which  were  at 
first  Territories  cease  their  connection  with  this 
Government,  do  they  pass  back  into  the  territorial 
condition  ?  When  Florida  is  going  out,  when  Louis 
iana  is  going  out,  and  these  other  States  that  were 
originally  Territories  go  out  of  the  Union,  in  what 
condition  do  they  place  themselves  ?  Are  they  Ter 
ritories  or  States  ?  Are  they  merely  on  probation 
to  become  members  of  this  Confederacy,  or  are  they 
States  outside  of  the  Confederacy  ? 

I  have  referred  to  the  acts  of  Congress  for  ac 
quiring  Florida  as  setting  forth  a  principle.  Let  me 
read  another  of  those  acts  :  — 

"  An  Act  to  enable  the  President  of  the  United  States,  under 
certain  contingencies,  to  take  possession  of  the  country 
lying  east  of  the  river  Perdido,  and  south  of  the  State  of 
Georgia  and  the  Mississippi  Territory,  and  for  other  pur 
poses. 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That 
the  President  of  the  United  States  be,  and  he  is  hereby, 
authorized  to  take  possession  of  and  occupy  all  or  any  part  of 
the  territory  lying  east  of  the  river  Perdido,  and  south  of  the 
State  of  Georgia  and  the  Mississippi  Territory,  in  case  an 
arrangement  has  been  or  shall  be  made  with  the  local  authori 
ties  of  the  said  territory  for  the  delivering  up  the  possession  of 
the  same,  or  any  part  thereof,  to  the  United  States,  or  in  the 
event  of  an  attempt  to  occupy  the  said  territory  or  any  part 
thereof  by  any  foreign  Government ;  and  he  may,  for  the 


136  THE  SPEECHES 

purpose  of  taking  possession  and  occupying  the  territory  afore 
said,  in  order  to  maintain  therein  the  authority  of  the  United 
Statest  employ  any  part  of  the  army  and  navy  of  the  United 
States  which  he  may  deem  necessary." 

What  is  the  principle  avowed  here  ?  That  from 
the  geographical  relations  of  this  territory  to  the 
United  States,  from  its  importance  to  the  safety  and 
security  of  the  institutions  of  the  United  States,  we 
authorized  the  President  to  expend  $100,000  to  get 
a  foothold  there,  and  especially  to  take  possession  of 
it  if  it  were  likely  to  pass  to  any  foreign  Power. 
We  see  the  doctrine  and  principle  there  established 
and  acted  upon  by  our  Government. 

This  principle  was  again  avowed  by  distinguished 
men  at  Ostend.  A  paper  was  drawn  up  there  by 
Mr.  Buchanan,  Mr.  Soule  of  Louisiana,  and  Mr. 
Mason  of  Virginia,  our  ministers  to  the  three  prin 
cipal  Courts  in  Europe.  They  met  at  Ostend  and 
drew  up  a  paper  in  which  they  laid  down  certain 
doctrines  in  strict  conformity  with  the  act  of  Con 
gress  that  I  have  just  read.  They  say  in  that  paper, 
signed  by  James  Buchanan,  J.  Y.  Mason,  and  Pierre 


"  Then,  1.  It  must  be  clear  to  every  reflecting  mind,  that, 
from  the  peculiarity  of  its  geographical  position,  and  the  con 
siderations  attendant  on  it,  Cuba  is  as  necessary  to  the  North 
American  Republic  as  any  of  its  present  members,  and  that  it 
belongs  naturally  to  that  great  family  of  States.  of  which  the 
Union  is  the  providential  nursery. 

"  From  its  locality  it  commands  the  mouth  of  the  Mississippi, 
and  the  immense  and  annually  increasing  trade  which  must 
seek  this  avenue  to  th.e  ocean. 


OF  ANDREW  JOHNSON.  137 

"  On  the  numerous  navigable  streams,  measuring  an  aggre 
gate  course  of  some  thirty  thousand  miles,  which  disembogue 
themselves  through  this  magnificent  river  into  the  Gulf  of 
Mexico,  the  increase  of  the  population  within  the  last  ten 
years  amounts  to  more  than  that  of  the  entire  Union  at  the  time 
Louisiana  was  annexed  to  it. 

"  The  natural  and  main  outlet  to  the  products  of  this  entire 
population,  the  highway  of  their  direct  intercourse  with  the 
Atlantic  and  Pacific  States,  can  never  be  secure,  but  must 
ever  be  endangered  while  Cuba  is  a  dependency  of  a  distant 
power  in  whose  possession  it  has  proved  to  be  a  source  of  con 
stant  annoyance  and  embarrassment  to  their  interests."  .... 

"  The  system  of  immigration  and  labor  lately  organized 
within  its  limits,  and  the  tyranny  and  oppression  which 
characterize  its  immediate  rulers,  threaten  an  insurrection  at 
any  moment  which  may  result  in  direful  consequences  to  the 
American  people. 

"  Cuba  has  thus  become  to  us  an  unceasing  danger,  and  a 
permanent  cause  of  anxiety  and  alarm." 

"  Self-preservation  is  the  first  law  of  nature,  with  States  as 
well  as  with  individuals.  All  nations  have,  at  different  periods, 
acted  upon  this  maxim.  Although  it  has  been  made  the  pre 
text  for  committing  flagrant  injustice,  as  in  the  partition  of 
Poland,  and  other  similar  cases  which  history  records,  yet  the 
principle  itself,  though  often  abused,  has  always  been  recog 
nized."  "  Our  past  history  forbids 

that  we  should  acquire  the  Island  of  Cuba  without  the  consent 
of  Spain,  unless  justified  by  the  great  law  of  self-preservation. 
We  must,  in  any  event,  preserve  our  own  conscious  rectitude, 
and  our  own  self-respect." 

Mark  you,  we  are  never  to  acquire  Cuba  unless 
it  is  necessary  to  our  self-preservation. 

"  While  pursuing  this  course  we  can  afford  to  disregard  the 
censures  of  the  world,  to  which  we  have  been  so  often  and  so 
unjustly  exposed. 

12* 


138  THE  SPEECHES 

"  After  we  shall  have  offered  Spain  a  price  for  Cuba  far 
beyond  its  present  value,  and  this  shall  have  been  refused,  it 
will  then  be  time  to  consider  the  question  does  Cuba,  in  the 
possession  of  Spain,  seriously  endanger  our  internal  peace  and 
the  existence  of  our  cherished  Union  ? 

"  Should  this  question  be  answered  in  the  affirmative,  then, 
by  every  law,  human  and  divine,  we  shall  be  justified  in 
wresting  it  from  Spain,  if  we  possess  the  power  ;  and  this  upon 
the  very  same  principle  that  would  justify  an  individual  in 
tearing  down  the  burning  house  of  his  neighbor,  if  there  were 
no  other  means  of  preventing  the  flames  from  destroying  his 
own  home." 

Now,  this  is  all  pretty  sound  doctrine.  I  am  for 
all  of  it. 

"  Under  such  circumstances  we  ought  neither  to  count  the 
cost  nor  regard  the  odds  which  Spain  might  enlist  against  us. 
"We  forbear  to  enter  into  the  question,  whether  the  present 
condition  of  the  island  would  justify  such  a  measure  ?  We 
should,  however,  be  recreant  to  our  duty,  be  unworthy  of  our 
gallant  forefathers,  and  commit  base  treason  against  our 
posterity,  should  we  permit  Cuba  to  be  Africanized  and 
become  a  second  St.  Domingo,  with  all  its  attendant  horrors 
to  the  white  race,  and  suffer  the  flames  to  extend  to  our  own 
neighboring  shore,  seriously  to  endanger  or  actually  to  consume 
the  fair  fabric  of  our  Union." 

We  find  in  this  document,  signed  by  our  three 
ministers,  and  approved  by  the  American  people,  the 
doctrine  laid  down  clearly  that  if  the  United  States 
believed  that  Cuba  was  to  be  transferred  by  Spain  to 
England,  or  to  France,  or  to  some  other  Power 
inimical  to  the  United  States,  the  safety  of  the 
American  people,  the  safety  of  our  institutions,  the 
existence  of  the  Government,  being  imperilled,  we 


OF  ANDREW  JOHNSON.  139 

should  have   a  right,  without  regard   to  money  or 
blood,  to  acquire  it. 

Where  does  this  carry  us  ?  We  find  that  this 
doctrine  was  not  only  laid  down,  but  practised,  in 
the  case  of  Florida.  Suppose  Louisiana  was  now 
out  of  the  Confederacy,  holding  the  key  to  the  Gulf, 
the  outlet  to  the  commerce  of  the  great  West :  under 
the  doctrine  laid  down  by  these  ministers,  and  prac 
tised  by  the  Congress  of  the  United  States,  would 
not  this  Government  have  the  right,  in  obedience  to 
the  great  principle  of  self-preservation,  and  for  the 
safety  of  our  institutions,  to  seize  it  and  pass  it  under 
the  jurisdiction  of  the  United  States,  and  hold  it  as 
a  province  subject  to  the  laws  of  the  United  States  ? 
I  say  it  would.  The  same  principle  will  apply  to 
Florida.  The  same  principle  would  apply  to  South 
Carolina.  I  regret  that  she  occupies  the  position 
that  she  has  assumed,  but  I  am  arguing  a  principle, 
and  do  not  refer  to  her  out  of  any  disrespect.  If 
South  Carolina  were  outside  of  the  Confederacy,  an 
independent  Power,  having  no  connection  with  the 
United  States,  and  our  institutions  were  likely  to  be 
endangered,  and  the  existence  of  the  Government  im 
perilled  by  her  remaining  a  separate  and  independent 
Power,  or  by  her  forming  associations  and  alliances 
with  some  foreign  Power,  I  say  we  should  have  a 
right,  on  the  principle  laid  down  by  Mr.  Mason,  Mr. 
Buchanan,  and  Mr.  Soule",  and  upon  the  principle 
practised  by  the  Congress  of  the  United  States  in 
the  case  of  Florida,  to  seize  her,  pass  her  under  the 


140  THE  SPEECHES 

jurisdiction  of  the  United  States,  and  hold  her  as  a 
province. 

Mr.  President,  I  have  spoken  of  the  possibility  of 
a  State  standing  in  the  position  of  South  Carolina 
making  alliances  with  a  foreign  Power.  What  do 
we  see  now  ?  Ex-Governor  Manning,  of  that  State, 
in  a  speech  made  not  long  since  at  Columbia,  made 
these  declarations  :  — 

"  Cotton  is  king,  and  would  enable  us  in  peace  to  rule  the 
nations  of  the  world,  or  successfully  to  encounter  them  in  war. 
The  millions  in  France  and  England  engaged  in  its  manufac 
ture,  are  an  effectual  guarantee  of  the  friendship  of  those 
nations.  If  necessary,  their  armies  would  stand  to  guard  its 
uninterrupted  and  peaceful  cultivation,  and  their  men-of-war 
would  line  our  coasts  to  guard  it  in  its  transit  from  our  ports." 

Ah !  are  we  prepared,  in  the  face  of  doctrines 
like  these,  to  permit  a  State  that  has  been  a  member 
of  our  Confederacy  to  go  out,  and  erect  herself  into 
an  independent  Power,  when  she  points  to  the  time 
when  she  will  become  a  dependant  of  Great  Britain, 
or  when  she  will  wrant  the  protection  of  France  ? 
What  is  the  doctrine  laid  down  by  Mr.  Buchanan 
and  Mr.  Mason  and  Mr.  Soule  ?  If  Cuba  is  to  pass 
into  the  hands  of  an  unfriendly  Power,  or  any  Power 
inimical  to  the  United  States,  we  have  a  right  to 
seize  and  to  hold  her.  Where  is  the  difference  be 
tween  the  two  cases  ? 

If  South  Carolina  is  outside  of  the  Confederacy 
as  an  independent  Power,  disconnected  from  this 
Government,  and  we  find  her  forming  alliances  to 


OF  ANDREW  JOHNSON.  141 

protect  hur,  I  ask  what  becomes  of  that  great 
principle,  the  law  of  self-preservation  ?  Does  it  not 
apply  with  equal  force  ?  We  are  told,  upon  pretty 
high  authority,  that  Great  Britain  is  operating  in 
the  United  States  ;  that  she  is  exerting  a  powerful 
influence.  I  find  that,  in  a  paper  issued  from  the 
executive  office,  Little  Rock,  Arkansas,  and  ad 
dressed  to  the  militia  of  the  State  of  Arkansas,  the 
following  language  is  used  :  — 

"It  is  my  opinion,  that  the  settled  and  secret  policy  of  the 
British  Government  is  to  disturb  the  domestic  tranquillity  of 
the  United  States ;  that  its  object  is  to  break  up  and  destroy 
our  Government,  get  rid  of  a  powerful  rival,  extend  the  area 
of  the  British  dominions  on  this  Continent,  and  become  the 
chief  and  controlling  Power  in  America." 

I  will  not  read  it  all.  He  gives  many  reasons 
why  it  is  so.  He  says  :  — 

"  I  believe  that  such  a  conspiracy  exists  against  our  Federal 
Government,  and  that,  if  all  the  secret  facts  and  transactions 
connected  with  it,  and  the  names  of  the  secret  agents  and 
emissaries  of  the  British  Government,  distributed  throughout 
the  United  States,  could  be  ascertained,  well  authenticated, 
and  made  public,  the  patriotic  people  of  the  United  States 
would  be  filled  with  astonishment ;  and  having  discovered  the 
real  author  and  instigator  of  the  mischief,  all  discord  between 
the  free  States  and  the  slave  States  would  at  once  be  allayed,  if 
not  entirely  cease,  and  that  then  they  would  become  fraternally 
and  more  firmly  united ;  and  that  the  united  indignation  of 
the  patriotic  citizens  of  the  whole  Union  against  the  British 
Government  and  its  agents  and  emissaries  would  be  so  great 
that  war  would  be  declared  against  the  British  Government  in 
less  than  twelve  months." 


142  THE  SPEECHES 

The  Governor  of  the  State  of  Arkansas  says, 
that  if  all  the  secret  workings  of  Great  Britain  in 
this  country  could  be  ascertained,  war  would  be 
declared  in  less  than  twelve  months  against  the  Gov 
ernment  of  Great  Britain.  What  further  does  he 
say:  — 

"  Entertaining  these  opinions,  I  deem  it  my  duty  to  the 
people  of  the  State  of  Arkansas,  to  warn  them  to  go  to  work 
in  earnest  and  make  permanent  and  thorough  preparations,  so 
that  they  may  at  all  times  be  ready  to  protect  themselves  and 
our  State  against  evils  which  I  believe  the  British  Government 
intends  shall  not  be  temporary  and  trifling,  but  continuous  and 
aggravated,  '  irrepressible  '  and  terrible." 

This  is  signed  by  "  Elias  N.  Conway,  Governor 
of  the  State  of  Arkansas,  and  commander-in-chief 
of  the  army  of  said  State,  and  of  the  militia 
thereof."  But  ex-Governor  Manning,  of  South 
Carolina,  declares  that  cotton  is  king,  and  that  the 
armies  of  Great  Britain,  and  the  fleets  of  France, 
and  their  men-of-war,  would  protect  them  :  the  one 
in  the  peaceful  production  of  cotton,  and  the  other 
in  its  exportation  to  the  ports  of  the  world.  What 
sort  of  times  are  we  falling  on?  Where  are  we 
going  ?  Are  these  the  threats  that  we  are  to  be  met 
with  ?  Is  the  United  States  to  be  told  by  one  of  the 
States  attempting  to  absolve  itself  from  its  allegiance, 
without  authority,  and  in  fact  in  violation  of  the 
Constitution  of  the  United  States,  that,  being  dis 
connected  with  the  Confederacy,  it  will,  upon  our 
coast,  form  an  alliance  with  France  and  with  Eng 
land,  which  will  protect  her  more  securely  than  the 


OF  ANDREW  JOHNSON.  143 

protection  which  she  now  receives  from  the  United 
States  ?  The  question  recurs,  have  we  not  an  exist 
ence,  have  we  not  institutions,  to  preserve ;  and,  in 
compliance  with  the  great  law  of  self-preservation, 
can  we  permit  one  of  these  States  to  take  the  protec 
tion  of  a  foreign  Power  that  is  inimical  and  danger 
ous  to  the  peaceful  relations  of  this  Government? 
I  do  not  believe  that  we  can.  I  repeat,  for  fear  it 
may  be  misunderstood,  that  there  are  certain  cir 
cumstances  and  conditions  under  which  the  remain 
ing  States,  parties  to  the  compact,  might  tolerate  the 
secession  of  one  State ;  and  there  are  other  circum 
stances  and  other  conditions  under  which  they  dare 
not  do  it,  in  view  of  the  great  principle  of  self-preser 
vation  of  which  I  have  been  speaking.  When  any 
State  takes  such  an  attitude,  what  will  be  our  course 
of  policy  ?  The  case  must  be  determined  by  the 
existing  circumstances  at  the  time. 

But  it  is  expected  and  said  by  some  that  South 
Carolina,  in  making  this  movement,  intends  to  carry 
the  other  States  along  with  her ;  that  they  will  be 
drawn  into  it.  Now,  Mr.  President,  is  that  the  way 
for  one  sister,  for  one  rebellious  State,  to  talk  to 
others  ?  Is  that  the  language  in  which  they  should 
be  addressed  ?  I  ask  my  friend  from  California  to 
read  an  extract  from  the  message  of  Governor 'Gist, 
of  South  Carolina.  He  will  do  me  a  favor  by  so 
doing  ;  and  then  we  shall  see  the  basis  upon  which 
we  stand,  and  the  attitude  in  which  we  are  to  be 
placed.  Not  only  is  South  Carolina  to  go  out  of 


144  THE  SPEECHES 

the  Union  in  violation  of  the  Constitution,  impeding 
and  resisting  the  execution  of  the  laws,  but  the 
other  States  are  to  be  dragged  along  with  her,  and 
we  are  all  to  be  involved  in  one  common  ruin. 

Mr.  LATHAM  read  the  following  extract  from  the 
message  of  Governor  Gist  to  the  Legislature  of 

South  Carolina :  — 

fc 

"  The  introduction  of  slaves  from  other  States  which  may 
not  become  members  of  the  Southern  Confederacy,  and  par 
ticularly  the  border  States,  should  be  prohibited  by  legislative 
enactment ;  and  by  this  means  they  will  be  brought  to  see  that 
their  safety  depends  upon  a  withdrawal  from  their  enemies  and 
an  union  with  their  friends  and  natural  allies.  If  they  should 
continue  their  union  with  the  non-slaveholding  States,  let  them 
keep  their  slave  property  in  their  own  borders,  and  the  only 
alternative  left  them  will  be  emancipation  by  their  own  act,  or 
by  the  action  of  their  own  confederates.  We  cannot  consent 
to  relieve  them  from  their  embarrassing  situation  by  permit 
ting  them  to  realize  the  money  value  for  their  slaves  by  selling 
them  to  us,  and  thus  prepare  them,  without  any  loss  of  prop 
erty,  to  accommodate  themselves  to  the  Northern  free-soil  idea. 
But  should  they  unite  their  destiny  with  us,  and  become  stars 
in  the  Southern  galaxy,  —  members  of  a  great  Southern  Con 
federation,  —  we  will  receive  them  with  open  arms  and  an 
enthusiastic  greeting." 

"  All  hope,  therefore,  of  concerted  action  by  a  Southern 
convention  being  lost,  there  is  but  one  course  left  for  South 
Carolina  to  pursue  consistent  with  her  honor,  interest,  and 
safety,  and  that  is,  to  look  neither  to  the  right  or  the  left,  but 
go  straight  forward  to  the  consummation  of  her  purpose.  It  is 
too  late  now  to  receive  propositions  for  a  conference ;  and  the 
State  would  be  wanting  in  self-respect,  after  having  deliber 
ately  decided  on  her  own  course,  to  entertain  any  proposition 
looking  to  a  continuance  of  the  present  Union.  We  can  get 


OF  ANDREW  JOHNSON.  145 

no  better  or  safer  guaranty  than  the  present  Constitution  ; 
and  that  has  proved  impotent  to  protect  us  against  the  fanat 
icism  of  the  North.  The  institution  of  slavery  must  be  under 
the  exclusive  control  of  those  directly  interested  in  its  preser 
vation/ and  not  left  to  the  mercy  of  those  that  believe  it  to  be 
their  duty  to  destroy  it." 

Mr.  JOHXSON  continued  :  —  If  my  friend  will  read 
an  extract  from  the  speech  of  Mr.  KEITT  of  South 
Carolina,  it  will  show  the  determination  and  policy 
to  be  pursued.  It  is  done  with  all  respect  to  him  ; 
for  he  is  a  man  upon  whom  I  look  as  a  perfect 
and  entire  gentleman,  from  all  my  acquaintance 
with  him  ;  but  I  merely  want  to  quote  from  his 
speech  to  get  at  the  policy  they  wish  to  pursue. 

Mr.  LATHAM  read  as  follows :  — 

"  Hon.  L.  M.  KEITT  was  serenaded  at  Columbia  on  Monday 
evening ;  and  in  response  to  the  compliment  he  spoke  at  con 
siderable  length  in  favor  of  separate  State  action.  He  said 
South  Carolina  could  not  take  one  step  backward  now  without 
receiving  the  curses  of  posterity.  South  Carolina,  single  and 
alone,  was  bound  to  go  out  of  this  accursed  Union  :  he  would 
take  her  out  if  but  three  men  went  with  him,  and  if  slaves 
took  her  back  it  would  be  to  her  graveyard.  Mr.  Buchanan 
was  pledged  to  secession,  and  he  meant  to  hold  him  to  it.  The 
policy  of  the  State  should  be  prudent  and  bold.  His  advice 
was,  move  on,  side  by  side.  He  requested  union  and  harmony 
among  those  embarked  in  the  same  great  cause ;  but  yield  not 
a  day  too  long,  and  when  the  time  comes  let  it  come  speedily. 
Take  your  destinies  in  your  own  hands,  and  shatter  this  ac 
cursed  Union.  South  Carolina  could  do  it  alone.  But  if  she 
could  not,  she  could  at  least  throw  her  arms  around  the  pillars 
of  the  Constitution,  and  involve  all  the  States  in  a  common  ruin. 
Mr.  KEITT  was  greatly  applauded  throughout  his  address." 
13 


146  THE  SPEECHES 

Mr.  JOHNSON  continued :  —  Mr.  President,  I  have 
referred  to  these,  extracts  to  show  the  policy  intended 
to  be  pursued  by  our  seceding  sister.  What  is  the 
first  threat  thrown  out  ?  It  is  an  intimidation  to 
the  border  States,  alluding  especially,  I  suppose,  to 
Virginia,  Maryland,  Kentucky,  and  Missouri.  They 
constitute  the  first  tier  of  the  border  slave  States. 
The  next  tier  would  be  North  Carolina  and  Ten 
nessee  and  Arkansas.  We  in  the  South  have  com 
plained  of  and  condemned  the  position  assumed  by 
the  Abolitionists.  We  have  complained  that  their 
intention  is  to  hem  slavery  in,  so  that,  like  the  scor 
pion  when  surrounded  by  fire,  if  it  did  not  die  from 
the  intense  heat  of  the  scorching  flames,  it  would 
perish  from  its  own  poisonous  sting.  Now,  our 
sister,  without  consulting  her  sisters,  without  caring 
for  their  interest  or  their  consent,  says  that  she 
will  move  forward  ;  that  she  will  destroy  the  Gov 
ernment  under  which  we  have  lived,  and  that 
hereafter,  when  she  forms  a  government  or  a  con 
stitution,  unless  the  border  States  come  in,  she  will 
pass  laws  prohibiting  the  importation  of  slaves  into 
her  State  from  those  States,  and  thereby  obstruct 
the.  slave-trade  among  the  States,  and  throw  the 
institution  back  upon  the  border  States,  so  that 
they  will  be  compelled  to  emancipate  their  slaves 
upon  the  principle  laid  down  by  the  Abolition  party. 
That  is  the  rod  held  over  us ! 

I  tell  our  sisters  in  the  South  that  so  far  as  Ten 
nessee  is  concerned,  she  will  not  be  dragged  into 


OF  ANDREW  JOHNSON.  147 

a  Southern  or  any  other  confederacy  until  she 
has  had  time  to  consider ;  and  then  she  will  go 
when  she  believes  it  to  be  her  interest,  and  not 
before.  I  tell  our  Northern  friends,  who  are  re- 
si  stino-  the  execution  of  the  laws  made  in  Coli 
cs 

formity  with  the  Constitution,  that  we  will  not  be 
driven  on  the  other  hand  into  their  confederacy, 
and  we  will  not  go  into  it  unless  it  suits  us,  and 
they  give  us  such  guaranties  as  we  deem  right 
and  proper.  We  say  to  you  of  the  South,  we  are 
not  to  be  frightened  and  coerced.  Oh,  when  one 
talks  about  coercing  a  State,  how  maddening  and 
insulting  to  the  State ;  but  when  you  want  to 
bring  the  other  States  to  terms,  how  easy  to  point 
out  a  means  by  which  to  coerce  them  !  But,  sir, 
we  do  not  intend  to  be  coerced. 

We  are  told  that  certain  States  will  go  out  and 
tear  this  accursed  Constitution  into  fragments,  and 
drag  the  pillars  of  this  mighty  edifice  down  upon 
us,  and  involve  us  all  in  one  common  ruin.  Will 
the  border  States  submit  to  such  a  threat?  No. 
But  if  they  do  not  come  into  the  movement,  the 
pillars  of  this  stupendous  fabric  of  human  free 
dom  and  greatness  and  goodness  are  to  be  pulled 
down,  and  all  will  be  involved  in  one  common 
ruin.  Such  is  the  threatening  language  used. 
"  You  shall  come  into  our  confederacy,  or  we  will 
coerce  you  to  the  emancipation  of  your  slaves." 
That  is  the  language  which  is  held  towards  us. 

There  are  many  ideas  afloat  about  this  threat- 


148  THE  SPEECHES 

ened  dissolution,  and  it  is  time  to  speak  out.  The 
question  arises,  in  reference  to  the  protection  and 
preservation  of  the  institution  of  slavery,  whether 
dissolution  is  a  remedy  or  will  give  to  it  protection. 
I  avow  here,  to-day,  that  if  I  were  an  Abolition 
ist,  and  wanted  to  accomplish  the  overthrow  and 
abolition  of  the  institution  of  slavery  in  the  South 
ern  States,  the  first  step  that  I  would  take  would 
be  to  break  the  bonds  of  this  Union,  and  dissolve 
this  Government.  I  believe  the  continuance  of 
slavery  depends  upon  the  preservation  of  this 
Union,  and  a  compliance  with  all  the  guaranties 
of  the  Constitution.  I  believe  an  interference 
with  it  will  break  up  the  Union ;  and  I  believe  a 
dissolution  of  the  Union  will,  in  the  end,  though 
it  may  be  some  time  to  come,  overthrow  the  insti 
tution  of  slavery.  Hence  we  find  so  many  in  the 
North  who  desire  the  dissolution  of  these  States  as 
the  most  certain  and  direct  and  effectual  means  of 
overthrowing  the  institution  of  slavery. 

What  protection  would  it  be  to  us  to  dissolve 
this  Union  ?  What  protection  would  it  be  to  us 
to  convert  this  nation  into  two  hostile  Powers,  the 
one  warring  with  the  other?  Whose  property  is 
at  stake  ?  Whose  interest  is  endangered  ?  Is  it 
not  the  property  of  the  border  States  ?  Suppose 
Canada  were  moved  down  upon  our  border,  and 
the  two  separated  sections,  then  different  nations, 
were  hostile :  what  would  the  institution  of  slavery 
be  worth  on  the  border?  Every  man  who  has 


OF  ANDREW  JOHNSON.  149 

common  sense  will  see  that  the  institution  would 
take  up  its  march  and  retreat,  as  certainly  and  as 
unerringly  as  general  laws  can  operate.  Yes ;  it 
would  commence  to  retreat  the  very  moment  this 
Union  was  divided  into  two  hostile  Powers,  and 
you  made  the  line  between  the  slaveholding  and 
non-slaveholding  States  the  line  of  division. 

Then,  what  remedy  do  we  get  for  the  institution 
of  slavery  ?  Must  we  keep  up  a  standing  army  ? 
Must  we  keep  up  forts  bristling  with  arms  along 
the  whole  border  ?  This  is  a  question  to  be  con 
sidered,  one  that  involves  the  future ;  and  no  step 
should  be  taken  without  mature  reflection.  Be 
fore  this  Union  is  dissolved  and  broken  up,  we  in 
Tennessee,  as  one  of  the  slave  States,  want  to  be 
consulted ;  we  want  to  know  what  protection  we 
are  to  have  ;  whether  we  are  simply  to  be  made 
outposts  and  guards  to  protect  the  property  of 
others,  at  the  same  time  that  we  sacrifice  and  lose 
our  own.  We  want  to  understand  this  question. 

Again :  if  there  is  one  division  of  the  States, 
will  there  not  be  more  than  one  ?  I  heard  a  Sen 
ator  say,  the  other  day,  that  he  would  rather  see 
this  Government  separated  into  thirty-three  frac 
tional  parts  than  to  see  it  consolidated  ;  but  when 
you  once  begin  to  divide,  when  the  first  division 
is  made,  who  can  tell  when  the  next  will  be  made  ? 
When  these  States  are  all  turned  loose,  and  a  dif 
ferent  condition  of  things  is  presented,  with  com 
plex  and  abstruse  interests  to  be  considered  and 

13* 


150  THE  SPEECHES 

'weighed  and  understood,  what  combinations  may 
take  place  no  one  can  tell.  I  am  opposed  to  the 
consolidation  of  government,  and  I  am  as  much 
for  the  reserved  rights  of  States  as  any  one ;  but, 
rather  than  see  this  Union  divided  into  thirty- 
three  petty  governments,  with  a  little  prince  in 
one,  a  potentate  in  another,  a  little  aristocracy  in 
a  third,  a  little  democracy  in  a  fourth,  and  a  re 
public  somewhere  else ;  a  citizen  not  being  able 
to  pass  from  one  State  to  another  without  a  pass 
port  or  a  commission  from  his  government ;  with 
quarrelling  and  warring  amongst  the  little  petty 
powers,  which  would  result  in  anarchy  ;  I  would 
rather  see  this  Government  to-day  —  I  proclaim  it 
here  in  my  place  —  converted  into  a  consolidated 
government.  It  would  be  better  for  the  Ameri 
can  people;  it  would  be  better  for  our  kind;  it 
would  be  better  for  humanity ;  better  for  Chris 
tianity  ;  better  for  all  that  tends  to  elevate  and  en 
noble  man,  than  breaking  up  this  splendid,  this 
magnificent,  this  stupendous  fabric  of  human  gov 
ernment,  the  most  perfect  that  the  world  ever  saw, 
and  which  has  succeeded  thus  far  without  a  par 
allel  in  the  history  of  the  world. 

When  you  come  to  break  up  and  turn  loose  the 
different  elements,  there  is  no  telling  what  com 
binations  may  take  place  in  the  future.  It  may 
occur,  for  instance,  to  the  Middle  States  that  they 
will  not  get  so  good  a  government  by  going  a 
little  further  South  as  by  remaining  where  we  are. 


OF  ANDREW  JOHNSON.  151 

It  may  occur  to  North  Carolina,  to  Tennessee,  to 
Kentucky,  to  Virginia,  to  Maryland,  to  Missouri  — 
and  perhaps  Illinois  might  fall  in,  too  —  that,  by 
erecting  themselves  into  a  central,  independent 
republic,  disconnected  either  with  the  North  or 
the  South,  they  could  stand  as  a  peace-maker  — 
could  stand  as  a  great  breakwater,  resisting  the 
heated  and  surging  waves  of  the  South,  and  the 
fanatical  Abolitionism  of  the  North.  They  might 
think  that  they  could  stand  there  and  lift  them 
selves  up  above  the  two  extremes,  with  the  sin 
cere  hope  that  the  time  would  arrive  when  the 
extremes  would  come  together,  and  reunite  once 
more,  and  we  could  reconstruct  this  greatest  and 
best  Government  the  world  has  ever  seen.  Or  it 
might  so  turn  out,  our  institution  of  slavery  being 
exposed  upon  the  northern  line,  that  by  looking 
to  Pennsylvania,  to  New  York,  and  to  some  of 
the  other  States,  instead  of  having  them  as  hos 
tile  Powers  upon  our  frontiers,  they  might  come 
to  this  central  republic,  and  give  us  such  consti 
tutional  guaranties,  and  such  assurances  that  they 
would  be  executed,  that  it  might  be  to  our  interest 
to  form  an  alliance  with  them,  and  have  a  pro 
tection  on  our  frontier. 

I  throw  these  out  as  considerations.  There  will 
be  various  projects  and  various  combinations  made. 
Memphis  is  now  connected  with  Norfolk,  in  the 
Old  Dominion  ;  Memphis  is  connected  with  Balti 
more  within  two  days.  Here  is  a  coast  that  lets 


152  THE  SPEECHES 

us  out  to  the  commerce  of  the  world.  When  we 
look  around  in  the  four  States  of  Tennessee,  Ken 
tucky,  Virginia,  and  Maryland,  there  are  things 
about  which  our  memories,  our  attachments,  and 
our  associations  linger  with  pride  and  with  pleas 
ure.  Go  down  into  the  Old  Dominion  ;  there  is 
the  place  where,  in  1781,  Cornwallis  surrendered 
his  sword  to  the  immortal  Washington.  In  the 
bosom  of  her  soil  are  deposited  her  greatest  and 
best  sons.  Move  along  in  that  trail,  and  there  we 
find  Jefferson  and  Madison  and  Monroe,  and  a 
long  list  of  worthies. 

We  come  next  to  old  North  Carolina,  my  native 
State,  God  bless  her !  She  is  my  mother.  Though 
she  was  not  my  cherishing  mother,  to  use  the  lan 
guage  of  the  classics,  she  is  the  mother  whom  I 
love,  and  I  cling  to  her  writh  undying  affection,  as 
a  son  should  cling  to  an  affectionate  mother.  We 
find  Macon,  who  was  associated  with  our  early 
history,  deposited  in  her  soil.  Go  to  King's  Moun 
tain,  on  her  borders,  and  you  there  find  the  place 
on  which  the  battle  was  fought  that  turned  the 

O 

tide  of  the  Revolution.  Yes,  within  her  borders 
the  signal  battle  was  fought  that  turned  the  tide 
which  resulted  in  the  surrender  of  Cornwallis  at 
Yorktown,  in  the  Old  Dominion. 

Travel  on  a  little  further,  and  we  get  back  to 
Tennessee.  I  shall  be  as  modest  as  I  can  in  refer 
ence  to  her,  but  she  has  some  associations  that 
make  her  dear  to  the  people  of  the  United  States. 


OF  ANDREW  JOHNSON.  153 

In  Tennessee  we  have  our  own  illustrious  Jackson. 
There  he  sleeps  —  that  Jackson  who  issued  his 
proclamation  in  1833,  and  saved  this  Government. 
We  have  our  Polk  and  our  Grundy,  and  a  long 
list  of  others  who  are  worthy  of  remembrance. 

And  who  lie  in  Kentucky?  Your  Hardings, 
your  Boones,  your  Roanes,  your  Clays,  are  among 
the  dead;  your  CRITTEXDEN  among  the  living. 
All  are  identified  and  associated  with  the  history 
of  the  country. 

Maryland  has  her  Carroll  of  Carrollton,  and  a 
long  list  of  worthies,  who  are  embalmed  in  the 
hearts  of  the  American  people.  And  you  are 
talking  about  breaking  up  this  Republic,  with  this 
cluster  of  associations,  these  ties  of  affection,  around 
you.  May  we  not  expect  that  some  means  may 
be  devised  by  which  it  can  be  held  together  ? 

Here,  too,  in  the  centre  of  the  Republic,  is  the 
seat  of  Government,  which  was  founded  by  Wash- 

ino-ton,  and  bears  his  immortal  name.     Who  dare 

&       ~ 

appropriate  it  exclusively?  It  is  within  the  bor 
ders  of  the  States  I  have  enumerated,  in  whose 
limits  are  found  the  graves  of  Washington,  of 
Jackson,  of  Polk,  of  Clay.  From  them  is  it  sup 
posed  that  we  will  be  torn  away  ?  No,  sir ;  we 
will  cherish  these  endearing  associations  with  the 
hope,  if  this  Republic  shall  be  broken,  that  we 
may  speak  words  of  peace  and  reconciliation  to 
a  distracted,  a  divided,  I  may  add,  a  maddened 
people.  Angry  waves  may  be  lashed  into  fury 


154  THE  SPEECHES 

on  the  one  hand ;  on  the  other  blustering  winds 
may  rage ;  but  we  stand  immovable  upon  our 
basis,  as  on  our  own  native  mountains  —  presenting 
their  craggy  brows,  their  unexplored  caverns,  their 
summits  "  rock-ribbed,  and  ancient  as  the  sun,"- 
we  stand  speaking  peace,  association,  and  concert 
to  a  distracted  Republic. 

But,  Mr.  President,  will  it  not  be  well,  before 
we  break  up  this  great  Government,  to  inquire 
what  kind  of  a  government  this  new  government 
in  the  South  is  to  be,  with  which  we  are  threatened 
unless  we  involve  our  destinies  with  this  rash  and 
precipitate  movement?  What  intimation  is  there 
in  reference  to  its  character?  Before  my  State 
and  those  States  of  which  I  have  been  speaking, 
go  into  a  Southern  or  Northern  confederacy,  ought 
they  not  to  have  some  idea  of  the  kind  of  gov 
ernment  that  is  to  be  formed?  What  are  the  in 
timations  in  the  South  in  reference  to  the  for 
mation  of  a  new  government  ?  The  language  of 
some  speakers  is  that  they  want  a  Southern  gov 
ernment  obliterating  all  State  lines — a  government 
of  consolidation.  It  is  alarming  and  distressing 
to  entertain  the  proposition  here.  What  ruin 
and  disaster  would  follow,  if  we  are  to  have  a 
consolidated  government  here  !  But  the  idea  is 
afloat  and  current  in  the  South  that  a  Southern 
government  is  to  be  established,  in  the  language 
of  some  of  the  speakers  in  the  State  of  Georgia, 
"  obliterating  all  State  lines."  Is  that  the  kind 


OF  ANDREW  JOHNSON.  155 

of  entertainment  to  which  the  people  are  to  be 
invited  ?  Is  that  the  kind  of  government  under 
which  we  are  to  pass ;  and  are  we  to  be  forced  to 
emancipate  our  slaves  unless  we  go  into  it  ?  An 
other  suggestion  in  reference  to  a  Southern  govern 
ment  is,  that  we  shall  have  a  Southern  Confederacy 
of  great  strength  and  power,  with  a  constitutional 
provision  preventing  any  State  from  changing  its 
domestic  institutions  without  the  consent  of  three- 
fourths,  or  some  great  number  to  be  fixed  upon. 
Is  that  the  kind  of  government  under  which  we 
want  to  pass  ?  I  avow  here,  that,  so  far  as  I  am 
concerned,  I  will  never  enter,  with  my  consent, 
any  government,  North  or  South,  less  republi 
can,  less  democratic,  than  the  one  under  which 
we  now  live. 

Where  are  we  drifting  ?  What  kind  of  breakers 
are  ahead?  Have  we  a  glimpse  through  the  fog 
that  envelops  the  rock  on  which  the  vessel  of 
state  is  drifting  ?  Should  we  not  consider  ma 
turely,  in  giving  up  this  old  Government,  what 
kind  of  government  is  to  succeed  it?  Ought  we 
not  to  have  time  to  think  ?  Are  we  not  entitled 
to  respect  and  consideration  ?  In  one  of  the  lead 
ing  Georgia  papers  we  find  some  queer  sugges 
tions  ;  and,  as  the  miners  would  say,  these  may 
be  considered  as  mere  surface-indications,  that 
develop  what  is  below.  We  ought  to  know  the 
kind  of  government  that  is  to  be  established. 
When  we  read  the  allusions  made  in  various 


156  THE  SPEECHES 

papers,  and  by  various  speakers,  we  find  that 
there  is  one  party  who  are  willing  to  give  up  this 
form  of  government ;  to  change  its  character ;  and, 
in  fact,  to  pass  under  a  monarchical  form  of  gov 
ernment.  I  hope  that  my  friend  will  read  the 
extracts  which  I  will  hand  him. 

Mr.  LATHAM  read  the  following  extracts :  — 

"  If  the  Federal  system  is  a  failure,  the  question  may  well 
be  asked,  is  not  the  whole  republican  system  a  failure1?  Very 
many  wise,  thinking  men  say  so.  We  formed  the  Federal 
Government  because  the  separate  States,  it  was  thought, 
were  not  strong  enough  to  stand  alone,  and  because  they 
were  likely  to  prove  disadvantageous,  if  not  dangerous, 
each  to  the  other,  in  their  distinct  organization,  and  with 
their  varying  interests.  When  we  break  up,  will  the  dis 
advantages  and  dangers  of  separate  States  be  such  as  to 
require  the  formation  of  a  new  confederacy  of  those  which 
are,  at  present,  supposed  to  be  homogeneous  ?  If  we  do 
form  a  new  confederacy,  when  the  old  is  gone,  it  would 
seem  to  be  neither  wise,  prudent,  nor  statesmanlike  to  frame 
it  after  the  pattern  of  the  old.  New  safeguards  and  guar 
anties  must  necessarily  be  required,  and  none  but  a  heed 
less  maniac  would  seek  to  avoid  looking  this  matter  squarely 
in  the  face. 

"  It  is  true  that  we  might  make  a  constitution  for  the 
fifteen  Southern  States,  which  would  secure  the  rights  of  all, 
at  present,  from  harm,  or,  at  least,  which  would  require  a 
clear  violation  of  its  letter,  so  plain  that  the  world  could 
discern  it,  when  unconstitutional  action  was  consummated. 
But  then,  in  the  course  of  years,  as  men  changed,  times 
changed,  interests  changed,  business  changed,  productions 
changed,  a  violation  of  the  spirit  might  occur,  which  would 
not  be  clearly  a  violation  of  the  letter.  It  may  be  said  that 
the  constitution  might  provide  for  its  own  change  as  times 


OF  ANDREW  JOHNSON.  157 

changed.  Well,  that  was  the  design  when  our  present  Con 
stitution  was  formed,  and,  still,  we  say,  it  was  a  failure. 
How  more  carefully  could  a  new  one  be  arranged  ?  Men 
will  say  that  we  of  the  South  are  one,  and  that  we  shall  get 
along  well  enough.  But  they  who  say  it  know  neither  his 
tory  nor  human  nature.  When  the  Union  was  formed, 
twelve  of  the  thirteen  States  were  slaveholding ;  and  if  the 
cotton-gin  had  not  been  invented  there  would  not  probably 
to-day  have  been  an  African  slave  in  North  America. 

"  But  how  about  the  State  organizations  V  This  is  an 
important  consideration,  for  whether  we  consult  with  the 
other  Southern  States  or  not,  it  is  certain  that  each  State 
must  act  for  itself,  in  the  first  instance.  When  any  State 
goes  out  of  the  present  Federal  Union,  it  then  becomes  a 
foreign  Power  as  to  all  the  other  States,  as  well  as  to  the 
world.  Whether  it  will  unite  again  with  any  of  the  States, 
or  stand  alone,  is  for  it  to  determine.  The  new  confederacy 
must  then  be  made  by  those  States  which  desire  it ;  and 
if  Georgia,  or  any  other  State,  does  not  find  the  proposed 
terms  of  federation  agreeable,  she  can  maintain  her  own 
separate  form  of  government,  or  at  least  try  it.  Well, 
what  form  of  government  shall  we  have  ?  This  is  more 
easily  asked  than  answered. 

"  Some  of  the  ivisest  and  best  citizens  propose  a  HERED 
ITARY  CONSTITUTIONAL  MONARCHY  ;  but,  however  good 
that  may  be  in  itself,  the  most  important  point  to  discover  is, 
whether  or  not  the  people  are  prepared  for  it.  It  is  thought, 
again,  by  others,  that  we  shall  be  able  to  go  on  for  a  gener 
ation  or  two,  in  a  new  confederacy,  with  additional  safe 
guards  ;  such,  for  instance,  as  an  Executive  for  life,  a  vastly 
restricted  suffrage.  Senators  elected  for  life,  or  for  a  long 
period,  say  twenty-one  years,  and  the  most  popular  branch  of 
the  assembly  elected  for  seven  years,  the  judiciary  absolutely 
independent,  and  for  life,  or  good  behavior.  The  frequency 
of  elections,  and  the  universality  of  suffrage,  with  the  attend 
ant  arousing  of  the  people's  passions,  and  the  necessary 
14 


158  THE  SPEECHES 

sequence  of  demagogues  being  elevated  to  high  station,  are 
thought  by  many  to  be  the  great  causes  of  trouble  among  us. 
"We  throw  out  these  suggestions  that  the  people  may 
think  of  them,  and  act  as  their  interests  require.  Our  own 
opinion  is,  that  the  South  might  be  the  greatest  nation  on 
the  earth,  and  might  maintain,  on  the  basis  of  African 
slavery,  not  only  a  splendid  government,  but  a  secure  re 
publican  government.  But  still  our  fears  are  that  through 
anarchy  we  shall  reach  the  despotism  of  military  chieftains, 
and  Jinally  be  raited  again  to  a  monarchy."  * 

"LET  us  REASON  TOGETHER.  —  Permit  a  humble  indi 
vidual  to  lay  before  you  a  few  thoughts  that  are  burnt  into 
his  heart  of  hearts  by  their  very  truth. 

"  The  first  great  thought  is  this :  The  institution  known  as 
the  '  Federal  Government,'  established  by  the  people  of  the 
United  States  of  America,  is  a  failure.  This  is  a  fact  which 
cannot  be  gainsayed.  It  has  never  been  in  the  power  of  the 
'  Federal  Government '  to  enforce  all  its  own  laws  within  its 
own  territory  ;  it  has,  therefore,  been  measurably  a  failure 
from  the  beginning ;  but  its  first  convincing  evidence  of  weak 
ness  was  in  allowing  one  branch  of  its  organization  to  pass 
an  unconstitutional  law  (the  Missouri  Compromise).  Its  next 
evidence  of  decrepitude  was  its  inability  to  enforce  a  con 
stitutional  law,  (the  fugitive-slave  law,)  the  whole  fabric 
being  shaken  to  its  foundation  by  the  only  attempt  of  en 
forcement  made  by  its  chief  officer  (President  Pierce).  I 
need  not  enlarge  in  this  direction.  The  '  Federal  Govern 
ment'  is  a  failure. 

"  What  then  ?  The  States,  of  course,  revert  to  their 
original  position,  each  sovereign  within  itself.  There  can  be 
no  other  just  conclusion.  This,  then,  being  our  position, 
the  question  for  sober,  thinking,  earnest  men  is,  what  shall 
we  do  for  the  future  ?  I  take  it  for  granted  that  no  man  in 
his  senses  would  advocate  the  remaining  in  so  many  petty 
sovereignties.  We  should  be  worse  than  Mexicanized  by 
1  Augusta  (Georgia)  Chronicle  and  Sentinel,  Dec.  8,  1860. 


OF   ANDREW   JOHNSON.  159 

that  process.  What,  then,  shall  we  do  ?  In  the  first  place, 
I  would  say,  let  us  look  around  and  see  if  there  is  a  gov 
ernment  of  an  enlightened  nation  that  has  not  yet  proven 
a  failure,  but  which  is  now,  and  has  ever  been,  productive 
of  happiness  to  all  its  law-abiding  people.  If  such  a  gov 
ernment  can  be  found  —  a  government  whose  first  and  only 
object  is  the  good,  the  REAL  GOOD  (not  fancied  good,  an 
ignis  faiuus  which  I  fear  both  our  fathers  and  ourselves 
have  too  much  run  alter  in  this  country)  of  all  its  people,  — 
if  such  a  government  exists,  let  us  examine  it  carefully  ;  if  s 
it  has  apparent  errors,  (as  what  human  institution  has  not  ?) 
let  us  avoid  them.  Its  beneficial  arrangements  let  us  adopt. 
Let  us  not  be  turned  aside  by  its  name,  nor  be  lured  by  its 
pretensions,  Try  it  by  its  works,  and  adopt  or  condemn  it 
by  its  fruits.  No  more  experiments.  '  I  speak  as  to  wise 
men;  judge  ye  what  I  say.' 

"  I  am  one  of  a  few  who  ever  dared  to  think  that  republi 
canism  was  a  failure  from  its  inception,  and  I  have  never 
shrunk  from  giving  my  opinion  when  it  was  worth  while. 
I  have  never  wished  to  see  this  Union  disrupted ;  but  if  it 
must  be,  then  I  raise  my  voice  for  a  return  to  a 

"CONSTITUTIONAL  MONARCHY."  1 

"  COLUMBIA,  South  Carolina,  December  5,  1860. 
"  Yesterday  the  debate  in  the  House  of  Representatives 
was  unusually  warm.  The  parties  arrayed  against  each 
other  in  the  matter  of  organizing  an  army,  and  the  manner 
of  appointing  the  commanding  officers,  used  scathing  lan 
guage,  and  debate  ran  high  throughout  the  session.  So  far 
as  I  am  able  to  judge,  both  the  opposing  parties  are  led  on 
by  bitter  prejudices.  The  Joint  Military  Committee,  with 
two  or  three  exceptions,  have  pertinaciously  clung  to  the 
idea  that  a  standing  army  of  paid  volunteers,  to  be  raised 
at  once,  to  have  the  power  of  choosing  their  officers,  up  to 
captain,  and  to  require  all  above  to  be  appointed  by  the 

1  Columbus  (Georgia)  Times. 


160  THE  SPEECHES 

Governor,  is  the  organization  for  the  times.  Mr.  Cunning 
ham,  of  the  House,  who  is  put  forward  by  the  committee 
to  take  all  the  responsibility  of  extreme  sentiments,  has 
openly  avowed  his  hatred  of  democracy  in  the  camp.  He 
considered  the  common  soldier  as  incapable  of  an  elective 
choice.  He  and  others  of  his  party  wage  a  bitter  Avar 
against  democracy,  and  indicate  an  utter  want  of  faith  in 
the  ability  of  the  people  to  make  proper  choice  in  elections. 
"  The  party  opposed  to  this,  the  predominant  party,  is 
ostensibly  led  in  the  House  by  Mr.  McGowan  of  Abbeville, 
and  Mr.  Moore  of  Anderson.  These  gentlemen  have  a 
hard  fight  of  it.  They  represent  the  democratic  sentiments 
of  the  rural  districts,  and  are  in  opposition  to  the  Charles 
ton  clique,  who  are  urged  on  by  Edward  Rliett,  Thomas  Y. 
Simmons,  and  B.  IT.  llhett,  Jr.,  of  the  '  Charleston  Mercury.' 
The  tendencies  of  these  gentlemen  are  all  towards  a  dicta 
torship,  or  monarchical  form  of  government ;  at  least  it  ap 
pears  so  to  my  mind,  and  I  find  myself  not  alone  in  the 
opinion.  They  fight  heart  and  soul  for  an  increase  of  guber 
natorial  power ;  and  one  of  their  number,  as  I  have  already 
stated,  openly  avows  his  desire  to  make  the  Governor  a  mili 
tary  chieftain,  with  sovereign  power."  1 

Mr.  JOHNSON  continued :  —  Mr.  President,  I  have 
merely  called  attention  to  these  surface  indications 
for  the  purpose  of  sustaining  the  assumption  that 
even  the  people  in  the  Southern  States  ought  to 
consider  what  kind  of  government  they  are  going 
to  pass  under,  before  they  change  the  present  one. 
We  have  been  told  that  the  present  Constitution 
would  be  adopted  by  the  new  confederacy,  and  in 
a  short  time  everything  would  be  organized  under 
it.  But  we  find  here  other  indications,  and  we  are 
told  from  another  quarter  that  another  character  of 
1  Correspondence  of  the  "Baltimore  American" 


OF  ANDREW  JOHNSOX.  161 

government  is  preferable.  We  know  that,  North 
and  South,  there  is  a  portion  of  our  fellow-citizens 
who  are  opposed  to  a  government  based  on  the  in 
telligence  and  will  of  the  people.  We  know  that 
power  is  always  stealing  from  the  many  to  the  few. 
We  know  that  it  is  always  vigilant  and  on  the  alert; 
and  now  that  we  are  in  a  revolution,  and  great 
changes  are  to  be  made,  should  we  not,  as  faithful 
sentinels,  as  men  who  are  made  the  guardians  of 
the  interests  of  the  Government,  look  at  these  indi 
cations  and  call  the  attention  of  the  country  to 
them  ?  Is  it  not  better  to 

"  bear  those  ills  we  have,  . 
Than  fly  to  others  that  we  know  not  of"  ? 

We  see,  by  these  indications,  that  it  is  contem 
plated  to  establish  a  monarchy.  We  see  it  an 
nounced  that  this  Government  has  been  a  failure 
from  the  beginning.  Now,  in  the  midst  of  a  revo 
lution,  while  the  people  are  confused,  while  chaos 
reigns,  it  is  supposed  by  some  that  we  can  be  in 
duced  to  return  to  a  constitutional  or  absolute 
monarchy.  Who  can  tell  that  we  may  not  have 
some  Louis  Napoleon  among  us,  who  may  be  ready 
to  make  a  coup  d'etat,  and  enthrone  himself  upon 
the  rights  and  upon  the  liberties  of  the  people  ? 
Who  can  tell  what  kind  of  government  may  grow 
up  ?  Hence  the  importance,  in  advance,  of  con 
sidering  maturely  and  deliberately  before  we  give  up 
the  old  one. 

I  repeat  again  that  the  people  of  Tennessee  will 
14* 


162  THE   SPEECHES 

never  pass  under  another  government  that  is  less 
republican,  less  democratic  in  all  its  bearings,  than 
the  one  under  which  we  now  live,  I  care  not 
whether  it  is  formed  in  the  North  or  the  South. 
We  will  occupy  an  isolated,  a  separate,  and  distinct 
position,  before  we  will  do  it.  We  will  pass  into 
that  fractional  condition  to  which  I  have  alluded 
before  we  will  pass  under  an  absolute  or  a  constitu 
tional  monarchy.  I  do  not  say  this  is  the  design 
North  or  South,  or  perhaps  of  any  but  a  very  small 
portion  ;  but  it  shows  that  there  are  some  who,  if 
they  could  find  a  favorable  opportunity,  would  fix 
the  description  of  government  I  have  alluded  to  on 
the  great  mass  of  the  people.  Sir,  I  will  stand  by 
the  Constitution  of  the  country  as  it  is,  and  by  all 
its  guaranties.  I  am  not  for  breaking  up  this  great 
Confederacy.  I  am  for  holding  on  to  it  as  it  is, 
with  the  mode  and  manner  pointed  out  in  the  in 
strument  for  its  own  amendment.  It  was  good 
enough  for  Washington,  for  Adams,  for  Jefferson, 
and  for  Jackson.  It  is  good  enough  for  us.  I  in- 

<T>  O 

tend  to  stand  by  it,  and  to  insist  on  a  compliance 
with  all  its  guaranties,  North  and  South. 

Notwithstanding  we  want  to  occupy  the  position 
of  a  breakwater  between  the  Northern  and  the  South 
ern  extremes,  and  bring  all  together  if  we  can,  I 
tell  our  Northern  friends  that  the  constitutional 
guaranties  must  be  carried  out ;  for  the  time  may 
come  when,  after  we  have  exhausted  all  honorable 
and  fair  means,  if  this  Government  still  fails  to  exe- 


OF  ANDREW   JOHXSOX.  163 

cute  the  laws,  and  protect  us  in  our  rights,  it  will  be 
at  an  end.  Gentlemen  of  the  North  need  not  de 
ceive  themselves  in  that  particular  ;  but  we  intend 
to  act  in  the  Union  and  under  the  Constitution,  and 
not  out  of  it.  We  do  not  intend  that  you  shall  drive 
us  out  of  this  house  that  was  reared  by  the  hands  of 
our  fathers.  It  is  our  house.  It  is  the  constitutional 
house.  We  have  a  right  here  ;  and  because  you 
come  forward  and  violate  the  ordinances  of  this 
house,  I  do  not  intend  to  go  out;  and  if  you  persist 
in  the  violation  of  the  ordinances  of  the  house,  we 
intend  to  eject  you  from  the  building,  and  retain  the 
possession  ourselves.  We  want,  if  we  can,  to  stay 
the  heated,  and  I  am  compelled  to  say,  according  to 
my  judgment,  the  rash  and  precipitate  action  of  some 
of  our  Southern  friends,  that  indicates  red-hot  mad 
ness.  I  want  to  say  to  those  in  the  North,  comply 
with  the  Constitution  and  preserve  its  guaranties, 
and  in  so  doing  save  this  glorious  Union  and  all  that 
pertains  to  it.  I  intend  to  stand  by  the  Constitu 
tion  as  it  is,  insisting  upon  a  compliance  with  all  its 
guaranties.  I  intend  to  stand  by  it  as  the  sheet- 
anchor  of  the  Government ;  and  I  trust  and  hope, 
though  it  seems  to  be  now  in  the  very  vortex  of 
ruin,  though  it  seems  to  be  running  between  Cha- 
rybdis  and  Scylla,  the  rock  on  the  one  hand  and  the 
whirlpool  on  the  other,  that  it  will  be  preserved,  and 
will  remain  a  beacon  to  guide,  and  an  example  to  be 
imitated  by  all  the  nations  of  the  earth.  Yes,  I  in 
tend  to  hold  on  to  it  as  the  chief  ark  of  our  safety, 


164  THE   SPEECHES 

as  the  palladium  of  our  civil  and  our  religious  liberty. 
I  intend  to  cling  to  it  as  the  shipwrecked  mariner 
clings  to  the  last  plank,  when  the  night  and  the 
tempest  close  around  him.  It  is  the  last  hope  of 
human  freedom.  Although  denounced  as  an  ex 
periment  by  some  who  want  to  see  a  constitutional 
monarchy,  it  has  been  a  successful  experiment.  I 
trust  and  I  hope  it  will  be  continued ;  that  this 
great  work  may  go  on. 

Why  should  we  go  out  of  the  Union  ?  Have  we 
anything  to  fear  ?  What  are  we  alarmed  about  ? 
We  say  that  you  of  the  North  have  violated  the 
Constitution,  that  you  haA^e  trampled  under  foot  its 
guaranties ;  but  we  intend  to  go  to  you  in  a  proper 
way,  and  ask  you  to  redress  the  wrong,  and  to 
comply  with  the  Constitution.  We  believe  the  time 
will  come  when  you  will  do  it,  and  we  do  not  intend 
to  break  up  the  Government  until  the  fact  is  ascer 
tained  that  you  will  not  do  it.  What  is  the  com 
plaint  ;  what  is  the  grievance  that  presses  on  our 
sister,  South  Carolina,  now  ?  Is  it  that  she  wants  to 
carry  slavery  into  the  Territories ;  that  she  wants 
protection  to  slavery  there  ?  How  long  has  it  been 
since,  upon  this  very  floor,  her  own  Senators  voted 
that  it  was  not  necessary  to  make  a  statute  now  for 
the  protection  of  slavery  in  the  Territories  ?  No 
longer  aiio  than  the  last  session.  Thev  declared,  in 

O  ?3  J 

the  resolutions  adopted  by  the  Senate,  that  when  it 
was  necessary  they  had  the  power  to  do  it ;  but  that 
it  was  not  necessary  then.  Are  you  going  out  for 


OF   ANDREW  JOHXSOX.  165 

a  grievance  that  lias  not  occurred,  and  which  your 
own  Senators  then  said  had  not  occurred?  Is  it 
because  you  want  to  carry  slaves  to  the  Territories  ? 
You  were  told  that  you  had  all  the  protection 
needed ;  that  the  courts  had  decided  in  your  behalf, 
under  the  Constitution  ;  and  that,  under  the  de 
cisions  of  the  courts,  the  law  must  be  executed. 

We  voted  for  the  passage  of  resolutions  that  Con 
gress  had  the  power  to  protect  slavery,  and  that  Con 
gress  ought  to  protect  slavery  when  necessary  and 
wherever  protection  was  needed.  Was  there  not  a 
majority  on  this  floor  for  it ;  and  if  it  was  necessary 
then,  could  we  not  have  passed  a  bill  for  that  pur 
pose  without  passing  a  resolution  saying  that  it 
should  be  protected  wherever  necessary  ?  I  was 
here;  I  know  what  the  substance  of  the  proposition 
was  ;  and  the  whole  of  it  was  simply  to  declare  the 
principle,  that  we  had  the  power,  and  that  it  was  the 
duty  of  Congress,  to  protect  slavery  when  necessary, 
in  the  Territories  or  wherever  else  protection  was 
needed.  Was  it  necessary  then  ?  If  it  was,  we  had 
the  power,  and  why  did  we  not  pass  the  law? 

The  Journal  of  the  Senate  records  that  on  the 
25th  of  May  last, 

"  On  motion  by  Mr.  BROWX,  to  amend  the  resolution  by 
striking  out  all  after  the  word  '  resolved,'  and  in  lieu  thereof 
inserting  : 

"  That,  experience  having  already  shown  that  the  Constitu 
tion  and  the  common  law,  unaided  by  statutory  enactments, 
do  not  afford  adequate  and  sufficient  protection  to  slave  prop 
erty  ;  some  of  the  Territories  having  failed,  others  having 


166  THE   SPEECHES 

refused,  to  pass  such  enactments,  it  has  become  the  duty  of 
Congress  to  interpose  and  pass  such  laws  as  will  afford  to 
slave  property  in  the  Territories  that  protection  which  is  given 
to  other  kinds  of  property. 

"  It  was  determined  in  the  negative  —  yeas  3,  nays  42. 

"  On  motion  by  Mr.  BROWN,  the  yeas  and  nays  being 
desired  by  one  fifth  of  the  Senators  present.  Those  who  voted 
in  the  affirmative  are  : 

"  Messrs.  Brown,  Johnson  of  Arkansas,  and  Mallory. 

"  Those  who  voted  in  the  negative  are  : 

"  Messrs.  Benjamin,  Bigler,  Bragg,  Bright,  Chesnut,  Clark, 
Clay,  Clingman,  Crittenden,  Davis,  Dixon,  Doolittle,  Fitz~ 
patrick,  Foot,  Foster,  Green,  Grimes,  Gwin,  Hamlin,  Harlan, 
Hemphill,  Hunter,  Iverson,  Johnson  of  Tennessee,  Lane, 
Latham,  Mason,  Nicholson,  Pearce,  Polk,  Powell,  Pugh,  Rice, 
Sebastian,  Slidell,  Ten  Eyck,  Thomson,  Toombs,  Trumbull, 
Wigfall,  Wilson,  and  Yulee." 

I  say,  therefore,  that  the  want  of  protection  to 
slavery  in  the  Territories  cannot  be  considered  a 
grievance  now.  That  is  not  the  reason  why  she  is 
going  out,  and  going  to  break  up  the  Confederacy. 
What  is  it,  then  ?  Is  there  any  issue  between  South 
Carolina  and  the  Federal  Government?  Has  the 
Federal  Government  failed  to  comply  with,  and  to 
carry  out,  the  obligations  that  it  owes  to  South 
Carolina?  In  what  has  the  Federal  Government 
failed  ?  In  what  has  it  neglected  the  interests  of 
South  Carolina  ?  What  law  has  it  undertaken  to 
enforce  upon  South  Carolina  that  is  unconstitutional 
and  oppressive  ? 

If  there  are  grievances,  why  cannot  we  all  go  to 
gether,  and  write  them  down,  and  point  them  out 


OF  ANDREW  JOHNSON.  167 

to  our  Northern  friends  after  we  have  agreed  on 
what  those  grievances  are,  and  say,  "  Here  is  what 
we  demand  :  here  our  wrongs  are  enumerated  ;  upon 
these  terms  we  have  agreed  ;  and  now,  after  we  have 
given  you  a  reasonable  time  to  consider  these  ad 
ditional  guaranties  in  order  to  protect  ourselves 
against  these  wrongs,  if  you  refuse  them,  then,  hav 
ing  made  an  honorable  effort,  having  exhausted  all 
other  means,  we  may  declare  the  association  to  be 
broken  up,  and  we  may  go  into  an  act  of  revolu 
tion."  We  can  then  say  to  them,  "  You  have  re 
fused  to  give  us  guaranties  that  we  think  are  needed 
for  the  protection  of  our  institutions  and  for  the  pro 
tection  of  our  other  interests."  When  they  do  this, 
I  will  go  as  far  as  he  who  goes  the  furthest. 

I  tell  them  here  to-day,  if  they  do  not  do  it,  Ten 
nessee  will  be  found  standing  as  firm  and  unyielding 
in  her  demands  for  those  guaranties,  in  the  way  a 
State  should  stand,  as  any  other  State  in  this  Con 
federacy.  She  is  not  quite  so  belligerent  now.  She 
is  not  making  quite  so  much  noise.  She  is  not  as 
blustering  as  Sempronius  was  in  the  council  in  Ad- 
dison's  play  of  "  Cato,"  who  declared  that  his  "  voice 
was  still  for  war."  There  was  another  character 
there,  Lucius,  who  was  called  upon  to  state  what 
his  opinions  were  ;  and  he  replied  that  he  must  con 
fess  his  thoughts  were  turned  on  peace ;  but  when 
the  extremity  came,  Lucius,  who  was  deliberative, 
who  was  calm,  and  whose  thoughts  were  upon 
peace,  was  found  true  to  the  interests  of  his  country. 


168  THE  SPEECHES 

He  proved  himself  to  be  a  man  and  a  soldier ; 
while  the  other  was  a  traitor  and  a  coward.  We 
will  do  our  duty ;  we  will  stand  upon  principle,  and 
defend  it  to  the  last  extremity. 

We  do  not  think,  though,  that  we  have  just  cause 
for  going  out  of  the  Union  now.  We  have  just 
cause  of  complaint ;  but  we  are  for  remaining  in  the 
Union,  and  fighting  the  battle  like  men.  We  do. 
not  intend  to  be  cowardly,  and  turn  our  backs  on 
our  own  camps.  We  intend  to  stay  and  fight  the 
battle  here  upon  this  consecrated  ground.  Why 
should  we  retreat  ?  Because  Mr.  Lincoln  has  been 
elected  President  of  the  United  States?  Is  this  any 
cause  why  we  should  retreat?  Does  not  every  man, 
Senator  or  otherwise,  know,  that  if  Mr.  Breckin- 
ridge  had  been  elected  we  should  not  be  to-day 
for  dissolving  the  Union  ?  Then  what  is  the  issue  ? 
It  is  because  we  have  not  got  our  man.  If  we  had 

o 

got  our  man,  we  should  not  have  been  for  breaking 
up  the  Union  ;  but  as  Mr.  Lincoln  is  elected,  we 
are  for  breaking  up  the  Union  !  I  say  no.  Let  us 
show  ourselves  men,  and  men  of  courage. 

How  has  Mr.  Lincoln  been  elected,  and  how  have 
Mr.  Breckinridge  and  Mr.  Douglas  been  defeated  ? 
By  the  ^otes  of  the  American  people,  cast  according 
to  the  Constitution  and  the  forms  of  law,  though  it 
has  been  upon  a  sectional  issue.  It  is  not  the  first 
time  in  our  history  that  two  candidates  have  been 
elected  from  the  same  section  of  country.  General 
Jackson  and  Mr.  Calhoun  were  elected  on  the  same 


OF  ANDREW  JOHNSON.  169 

ticket ;  but  nobody  considered  that  cause  of  dissolu 
tion.  They  were  from  the  South.  I  oppose  the 
sectional  spirit  that  has  produced  the  election  of  Lin 
coln  and  Hamlin,  yet  it  has  been  done  according  to 
the  Constitution  and  according  to  the  forms  of  law. 
I  believe  we  have  the  power  in  our  own  hands,  and 
I  am  not  willing  to  shrink  from  the  responsibility  of 
exercising  that  power. 

How  has  Lincoln  been  elected,  and  upon  what 
basis  does  he  stand  ?  A  minority  President  by 
nearly  a  million  votes  ;  but  had  the  election  taken 
place  upon  the  plan  proposed  in  my  amendment  of 
the  Constitution,  by  districts,  he  would  have  been 
this  day  defeated.  But  it  has  been  done  according 
to  the  Constitution  and  according  to  law.  I  am  for 
abiding  by  the  Constitution  ;  and  in  abiding  by  it  I 
want  to  maintain  and  retain  my  place  here,  and  put 
down  Mr.  Lincoln  and  drive  back  his  advances  upon 
Southern  institutions,  if  he  designs  to  make  any. 
Have  we  not  got  the  brakes  in  our  hands  ?  Have 
we  not  got  the  power?  We  have.  Let  South 
Carolina  send  her  Senators  back  ;  let  all  the  Sena 
tors  come  ;  and  on  the. fourth  of  March  next  we  shall 
have  a  majority  of  six  in  this  body  against  him. 
This  successful  sectional  candidate,  who  is  in  a  mi 
nority  of  a  million,  or  nearly  so,  on  the  popular  vote, 
cannot,  make  his  Cabinet  on  the  fourth  of  March 
next,  unless  this  Senate  will  permit  him. 

Am  I  to  be  so  great  a  coward  as  to  retreat  from 
duty  ?  I  will  stand  here  and  meet  the  encroach- 

15 


170  THE  SPEECHES 

ments  upon  the  institutions  of  my  country  at  the 
threshold ;  and  as  a  man,  as  one  that  loves  my 
country  and  my  constituents,  I  will  stand  here  and 
resist  all  encroachments  and  advances.  Here  is  the 
place  to  stand.  Shall  I  desert  the  citadel,  and  let 
the  enemy  come  in  and  take  possession  ?  No.  Can 
Mr.  Lincoln  send  a  foreign  minister,  or  even  a  con 
sul,  abroad,  unless  he  receives  the  sanction  of  the 
Senate  ?  Can  he  appoint  a  postmaster  whose  salary 
is  over  a  thousand  dollars  a  year  without  the  consent 
of  the  Senate  ?  Shall  we  desert  our  posts,  shrink 
from  our  responsibilities,  and  permit  Mr.  Lincoln  to 
come  with  nis  cohorts,  as  we  consider  them,  from 
the  North,  to  carry  off  everything  ?  Are  we  so  cow 
ardly  that  now  that  we  are  defeated,  not  conquered, 
we  shall  do  this  ?  Yes,  we  are  defeated  according 
to  the  forms  of  law  and  the  Constitution  ;  but  the  real 
victory  is  ours,  —  the  moral  force  is  with  us.  Are 
we  agoing  to  desert  that  noble  and  that  patriotic 
band  who  have  stood  by  us  at  the  North,  who  have 
stood  by  us  upon  principle,  and  upon  the  Constitu 
tion  ?  They  stood  by  us  and  fought  the  battle  upon 
principle  ;  and  now  that  we  have  been  defeated,  not 
conque-red,  are  we  to  turn  our  backs  upon  them  and 
leave  them  to  their  fate  ?  I,  for  one,  will  not.  I 
intend  to  stand  by  them.  How  many  votes  did  we 
get  in  the  North  ?  We  got  more  votes  in  the  North 
against  Lincoln  than  the  entire  Southern  States  cast. 
Are  they  not  able  and  faithful  allies  ?  They  are  ; 
and  now,  on  account  of-  this  temporary  defeat,  are 


OF   ANDREW  JOHNSON.  171 

we  to  turn  our  backs  upon  them  and  leave  them  to 
their  fate  ? 

We  find,  when  all  the  North  is  summed  up,  that 
Mr.  Lincoln's  majority  there  is  only  about  two  hun 
dred  thousand  on  the  popular  vote  ;  and  when  that 
is  added  to  the  other  vote  cast  throughout  the 
Union,  he  stands  to-day  in  a  minority  of  nearly  a 
million  votes.  What,  then,  is  necessary  to  be  done  ? 
To  stand  to  our  posts  like  men,  and  act  upon 
principle  ;  stand  for  the  country  ;  and  in  four  years 
from  this  day,  Lincoln  and  his  administration  will 
be  turned  out,  the  worst-defeated  and  broken-down 
party  that  ever  came  into  power.  It  is  an  inevi 
table  result  from  the  combination  of  elements  that 
now  exist.  What  cause,  then,  is  there  to  break  up 
the  Union  ?  What  reason  is  there  for  deserting  our 
posts  and  destroying  this  greatest  and  best  Govern 
ment  that  was  ever  spoken  into  existence  ? 

I  voted  against  him  ;  I  spoke  against  him;  I  spent 
my  money  to  defeat  him  ;  —  but  still  I  love  my 
country  ;  I  love  the  Constitution  ;  I  intend  to  insist 
upon  its  guaranties.  There,  and  there  alone,  I  in 
tend  to  plant  myself,  with  the  confident  hope  and 
belief  that  if  the  Union  remains  together,  in  less 
than  four  years  the  now  triumphant  party  will  be 
overthrown.  In  less  time,  I  have  the  hope  and 
belief  that  we  shall  unite  and  agree  upon  our  griev 
ances  here  and  demand  their  redress,  not  as  sup 
pliants  at  the  footstool  of  power,  but  as  parties  to  a 
great  compact ;  we  shall  say  that  we  want  additional 


172  THE  SPEECHES 

guaranties,  and  that  they  are  necessary  to  the  pres 
ervation  of  this  Union  ;  and  then,  when  they  are 
refused  deliberately  and  calmly,  if  we  cannot  do  bet 
ter,  let  the  South  go  together,  and  let  the  North  go 
together,  and  let  us  have  a  division  of  this  Govern 
ment  without  the  shedding  of  blood,  if  such  a  thing 
be  possible  ;  let  us  have  a  division  of  the  property  ; 
let  us  have  a  division  of  the  Navy ;  let  us  have  a 
division  of  the  Army,  and  of  the  public  lands.  Let 
it  be  done  in  peace,  and  in  a  spirit  that  should  char 
acterize  and  distinguish  this  people.  I  believe  we 
can  obtain  all  our  guaranties.  I  believe  there  is 
too  much  good  sense,  too  much  intelligence,  too 
much  patriotism,  too  much  capability,  too  much  vir 
tue,  in  the  great  mass  of  people  to  permit  this  Gov 
ernment  to  be  overthrown. 

I  have  an  abiding  faith,  I  have  an  unshaken  con 
fidence  in  man's  capability  to  govern  himself.  I 
will  not  give  up  this  Government  that  is  now  called 
an  experiment,  which  some  are  prepared  to  abandon 
for  a  constitutional  monarchy.  No ;  I  intend  to 
stand  by  it,  and  I  entreat  every  man  throughout  the 
nation,  who  is  a  patriot,  and  who  has  seen,  and  is 
compelled  to  admit,  the  success  of  this  great  experi 
ment,  to  come  forward,  not  in  heat,  not  in  fanaticism, 
not  in  haste,  not  in  precipitancy,  but  in  deliberation, 
in  full  view  of  all  that  is  before  us,  in  the  spirit  of 
brotherly  love  and  fraternal  affection,  and  rally 
around  the  altar  of  our  common*  country,  and  lay 
the  Constitution  upon  it  as  our  last  libation,  and 


OF  ANDREW  JOHNSON.  173 

swear  by  our  God  and  all  that  is  sacred  and 
holy,  that  the  Constitution  shall  be  saved,  and  the 
Union  preserved.  Yes,  in  the  language  of  the  de 
parted  Jackson,  let  us  exclaim  that  the  Union,  "  the 
Federal  Union,  it  must  be  preserved." 

Are  we  likely,  when  we  get  to  ourselves,  North 
and  South,  to  sink  into  brotherly  love  ?  Are  we 
likely  to  be  so  harmonious  in  that  condition  as 
some  suppose  ?  I  am  sometimes  impressed  with  the 
force  of  Mr.  Jefferson's  remark,  that  we  may  as  well 
keep  the  North  to  quarrel  with,  for  if  we  have 
no  North  to  quarrel  with,  we  shall  quarrel  among 
ourselves.  We  are  a  sort  of  quarrelsome,  pugna 
cious  people  ;  and  if  we  cannot  get  a  quarrel  from 
one  quarter,  we  shall  have  it  from  another  ;  and  I 
would  rather  quarrel  a  little  now  with  the  North 
than  be  quarrelling  with  ourselves.  What  did  a 
Senator  say  here  in  the  American  Senate,  only  a 
few  days  ago,  because  the  Governor  of  a  Southern 
State  was  refusing  to  convene  the  Legislature  to 
hasten  this  movement  that  was  going  on  throughout 
the  South,  and  because  he  objected  to  that  course 
of  conduct  ?  The  question  was  asked  if  there  was 
not  some  Texan  Brutus  that  would  rise  up  and  rid 
the  country  of  the  hoary -headed  traitor !  This  is 
the  language  that  a  Senator  used.  This  is  the  way 
we  begin  to  speak  of  Southern  Governors.  Yes  ;  to 
remove  an  obstacle  in  our  way,  we  must  have  a 
modern  Brutus  who  will  go  to  the  capital  of  a  State 

and  assassinate  a  Governor  to  accelerate  the  move- 
is* 


174  THE  SPEECHES 

ment.  If  \ve  are  so  unscrupulous  in  reference  to 
ourselves,  and  in  reference  to  the  means  we  are 
willing  to  employ  to  consummate  this  dissolution, 
then  it  does  not  look  very  much  like  harmony 
among  ourselves  after  we  get  out  of  it. 

Mr.  President,  I  have  said  much  more  than  I 
anticipated  when  I  commenced ;  and  I  have  spoken 
more  at  length  than  a  regard  for  my  own  health 
and  strength  would  have  allowed ;  but  if  there  is 
any  effort  of  mine  that  would  preserve  this  Govern 
ment  till  there  is  time  to  think,  till  there  is  time  to 
consider,  even  if  it  cannot  be  preserved  any  longer ; 
if  that  end  could  be  secured  by  making  a  sacrifice 
of  my  existence  and  offering  up  my  blood,  I  \vould 
be  willing  to  consent  to  it.  Let  us  pause  in  this 
mad  career ;  let  us  hesitate.  Let  us  consider  well 
what  we  are  doing  before  we  make  a  movement.  I 
believe  that,  to  a  certain  extent,  dissolution  is  going 
to  take  place.  I  say  to  the  North,  you  ought  to 
come  up  in  the  spirit  which  should  characterize 
and  control  the  North  on  this  question ;  and  you 
ought  to  give  those  indications  of  good  faith  that 
will  approach  what  the  South  demands.  It  will  be 
no  sacrifice  on  your  part.  It  is  no  suppliancy 
on  ours,  but  simply  a  demand  of  right.  What 
concession  is  there  in  doing  right  ?  Then,  come 
forward.  We  have  it  in  our  power  —  yes,  this 
Congress  here  to-day  has  it  in  its  power  to  save  this 
Union,  even  after  South  Carolina  has  gone  out. 
Will  they  not  do  it  ?  You  can  do  it.  Who  is  willing 


OF  ANDREW  JOHNSON.  175 

to  take  the  dreadful  alternative  without  making  an 
honorable  effort  to  save  this  Government  ?  This 
Congress  has  it  in  its  power  to-day  to  arrest  this 
thing,  at  least  for  a  season,  until  there  is  time  to 
consider  about  it,  until  we  can  act  discreetly  and 
prudently,  and  I  believe  arrest  it  altogether. 

Shall  we  give  all  this  up  to  the  Vandals  and  the 
Goths  ?  Shall  we  shrink  from  our  duty,  and  desert 
the  Government  as  a  sinking  ship,  or  shall  we  stand 
by  it  ?  I,  for  one,  will  stand  here  until  the  high  be 
hest  of  my  constituents  demands  of  me  to  desert  my 
post ;  and  instead  of  laying  hold  of  the  columns  of 
this  fabric  and  pulling  it  down,  thoug1  I  may  not  be 
much  of  a  prop,  I  will  stand  with  my  shoulder  sup 
porting  the  edifice  as  long  as  human  effort  can  do  it. 

In  saying  what  I  have  said  on  this  occasion,  Mr. 
President,  I  have  had  in  view  the  duty  that  I  owe 
to  my  constituents,  to  my  children,  to  myself. 
Without  regard  to  consequences,  I  have  taken  my 
position ;  and  when  the  tug  comes,  when  Greek 
shall  meet  Greek,  and  our  rights  are  refused  after 
all  honorable  means  have  been  exhausted,  then  it 
is  that  I  will  perish  in  the  last  breach  ;  yes,  in  the 
language  of  the  patriot  Emmet,  "  I  will  dispute 
every  inch  of  ground ;  I  will  burn  every  blade  of 
grass ;  and  the  last  intrenchment  of  Freedom  shall 
be  my  grave."  Then,  let  us  stand  by  the  Constitu 
tion  ;  and  in  preserving  the  Constitution  we  shall 
save  the  Union  ;  and  in  saving  the  Union  we  save 
this  the  greatest  Government  on  earth. 

I  thank  the  Senate  for  their  kind  attention. 


176  THE  SPEECHES 


SPEECH  ON  THE   STATE   OF  THE   UNION. 

DELIVEKED   LN   THE   SENATE   OF   THE   UNITED    STATES,  FEBRUARY 

5TH  AND  GTH,  1861. 

The  Senate  having  under  consideration  the  message  of 
the  President  communicating  resolutions  of  the  Legislature 
of  Virginia,  — 

Mr.  JOHNSON  remarked  :  —  Mr.  President,  on  the 
19th  of  December  I  made  a  speech  in  the  Senate, 
with  reference  to  the  present  crisis,  which  I  be 
lieved  my  duty  to  my  State  and  to  myself  required. 
In  making  that  speech,  my  intention  —  and  I 
think  I  succeeded  in  it  —  was  to  establish  myself 
upon  the  principles  of  the  Constitution  and  the 
doctrines  inculcated  by  Washington,  Jefferson, 
Madison,  Monroe,  and  Jackson.  Having  examined 
the  positions  of  those  distinguished  fathers  of  the 
Republic,  and  compared  them  with  the  Constitu 
tion,  I  came  to  the  conclusion  that  they  were 
right ;  and  upon  them  I  planted  myself,  and  made 
the  speech  to  which  I  have  referred,  in  vindica 
tion  of  the  Union  and  the  Constitution,  and  against 
the  doctrine  of  nullification  or  secession,  which  I 
look  upon  as  a  great  political  heresy.  As  far  back 
as  1833,  when  I  was  a  young  man,  before  I  made 


OF  ANDREW  JOHNSON.  ITT 

my  advent  into  public  life,  when  the  controversy 
arose  between  the  Federal  Government  and  the 
State  of  South  Carolina,  and  it  became  necessary 
for  Andrew  Jackson,  then  President  of  the  United 
States,  to  issue  his  proclamation,  exhorting  that 
people  to  obey  the  law  and  comply  with  the  re 
quirements  of  the  Constitution,  I  planted  myself 
upon  the  principles  then  announced  by  him.  I 
believed  that  the  positions  taken  then  by  General 
Jackson,  and  those  who  came  to  his  support,  were 
the  true  doctrines  of  the  Constitution,  and  the 
only  doctrines  upon  which  this  Government  could 
be  preserved.  I  have  been  uniformly,  from  that 
period  to  the  present  time,  opposed  to  the  doc 
trine  of  secession,  or  of  nullification,  which  is 
somewhat  of  a  hermaphrodite,  but  approximates 
to  the  doctrine  of  secession.  I  repeat,  that  I  then 
viewed  it  as  a  heresy  and  as  an  element  which, 
if  maintained,  would  result  in  the  destruction  of 
this  Government.  I  maintain  the  same  position 
to-day. 

I  oppose  this  heresy  for  another  reason :  not 
only  as  being  destructive  of  the  existing  Govern 
ment,  but  as  being  destructive  of  all  future  con 
federacies  that  may  be  established  as  a  consequence 
of  a  disruption  of  the  present  one  ;  and  I  availed 
myself  of  the  former  occasion  on  which  I  spoke, 
to  enter  my  protest  against  it,  and  to  do  some- 
tiling  to  extinguish  a  political  heresy  that  ought 
never  to  be  incorporated  upon  this  or  any  other 


178  THE  SPEECHES 

Government  which  may  be  subsequently  estab 
lished.  I  look  upon  it  as  the  prolific  mother  of 
political  sin  ;  as  a  fundamental  error ;  as  a  heresy 
that  is  intolerable  in  contrast  with  the  existence 
of  the  Government  itself.  I  look  upon  it  as  being 
productive  of  anarchy  ;  and  anarchy  is  the  next 
step  to  despotism.  The  developments  that  we  have 
recently  seen  in  carrying  this  doctrine  into  practice, 
admonish  us,  I  think,  that  this  will  be  the  result. 
But,  Mr.  President,  since  I  made  that  speech, 
on  the  19th  of  December,  I  have  been  the  peculiar 
object  of  attack.  I  have  been  denounced,  because 
I  happened  to  be  the  first  man  south  of  Mason 
and  Dixon's  line  who  entered  a  protest  or  made 
an  argument  in  the  Senate  against  this  political 
error.  From  what  I  saw  here  on  the  evening  when 
I  concluded  my  speech  —  although  some  may  have 
thought  that  it  intimidated  and  discouraged  me  —  I 
was  inspired  with  confidence  ;  I  felt  that  I  had 
struck  Treason  a  blow.  I  thought  then,  and  I  know 
now,  that  men  who  were  engaged  in  treason  felt 
the  blows  that  I  dealt  out  on  that  occasion.  As  I 
have  been  made  the  peculiar  object  of  attack,  not 
only  in  the  Senate,  but  out  of  the  Senate,  my  pur 
pose  on  this  occasion  is  to  meet  some  of  these 
attacks,  and  to  say  some  things  in  addition  to  wrhat 
I  then  said  against  this  movement. 

REPLY     TO     MR.    BENJAMIN. 

Yesterday  the  last  of  the  Senators  who  represent 
what  are  called  the  seceding  States,  retired,  and  a 


OF  ANDKEW  JOHNSON.  179 

drama  was  enacted.  The  piece  was  well  performed ; 
the  actors  were  perfect  in  their  parts;  it  was  got 
up  to  order ;  I  will  not  say  that  the  mourning  aux 
iliaries  had  been  selected  in  advance.  One  of  the 
retiring  Senators,  in  justifying  the  course  that  his 
State  had  taken,  made  a  very  specious  and  plausible 
argument  in  reference  to  the  doctrine  of  secession. 
I  allude  to  the  Senator  from  Louisiana.1  He  argued 
that  the  sovereignty  of  that  State  had  never  passed 
to  the  United  States ;  that  the  Government  held  it 
in  trust ;  that  no  conveyance  was  made  ;  that  sover 
eignty  could  not  be  transferred ;  that  out  of  the  gra 
cious  pleasure  and  good-will  which  the  First  Consul 
of  France  entertained  toward  the  American  people, 
the  transfer  was  made  of  the  property  without  con 
sideration,  and  the  sovereignty  was  in  abeyance  or 
trust,  and  therefore  his  State  had  violated  no  faith, 
and  had  a  right  to  do  precisely  what  she  has  done. 
With  elaborate  preparation  and  seeming  sincerity, 
with  sweet  tones,  euphonious  utterances,  mellifluous 
voice,  and  the  greatest  earnestness,  he  called  our 
attention  to  the  treaty  to  sustain  his  assumption. 
But  when  we  examine  the  subject,  Mr.  President, 
how  do  the  facts  stand  ?  I-  like  fairness  :  I  will  not 
say  that  the  Senator,  in  making  quotations  from  the 
treaty  and  commenting  upon  them,  wa:  intentionally 
unfair ;  nor  can  I  say  that  the  Senator  from  Louis 
iana,  with  all  his  acumen,  his  habits  of  industry, 
and  his  great  research,  had  not  read  and  understood 

1  Mr.  Benjamin. 


180  THE  SPEECHES 

all  the  provisions  of  the  treaty.  In  doing  so,  I 
should  reflect  upon  his  character ;  it  might  be  con 
strued  as  a  reflection  upon  his  want  of  research, 
for  which  he  has  such  a  distinguished  reputation. 
The  omission  to  read  important  portions  of  the 
treaty  I  will  not  attribute  to  any  intention  to  mis 
lead  ;  I  will  simply  call  the  attention  of  the  Senate 
and  the  country  to  his  remarks,  and  then  to  the 
treaty.  The  Senator,  after  premising,  went  on  to 
say:  — 

"  I  have  said  that  the  Government  assumed  to  act  as  trustee 
or  guardian  of  the  people  of  the  ceded  province,  and  cove 
nanted  to  transfer  to  them  the  sovereignty  thus  held  in  trust 
for  their  use  and  benefit,  as  soon  as  they  were  capable  of 
exercising  it.  What  is  the  express  language  of  the  treaty  ?  " 

He  then  read  the  third  article  of  the  treaty  of 
cession  of  Louisiana,  which  provides  merely  for 
their  incorporation  into  the  United  States  ;  their 
protection  in  the  enjoyment  of  their  religion,  &c.  ; 
and  thus  he  commented  on  it :  — 

"  And,  sir,  as  if  to  mark  the  true  nature  of  the  cession  in  a 
manner  too  significant  to  admit  of  misconstruction,  the  treaty 
stipulates  no  price ;  and  the  sole  consideration  for  the  con 
veyance,  as  stated  on  its  face",  is  the  desire  to  afford  a  strong 
proof  of  the  friendship  of  France  for  the  United  States.  By 
the  terms  of  a  separate  convention  stipulating  the  payment 
of  a  sum  of  money,  the  precaution  is  again  observed  of 
stating  that  the  payment  is  to  be  made,  not  as  a  considera 
tion,  or  a  price,  or  a  condition  precedent  of  the  cession,  but 
it  is  carefully  distinguished  as  being  a  consequence  of  the 
cession." 


OF  ANDREW  JOHNSON.  181 

Now,  Mr.  President,  to  make  tins  matter  more 
intelligible,  and  better  understood  by  the  country, 
it  seems  to  me  it  would  have  been  better  to  read  the 
first  article  of  the  treaty,  which  commences  thus :  — 

"  The  "President  of  the  United  States  of  America,  and  the 
First  Consul  of  the  French  Republic,  in  the  name  of  the 
French  people,  desiring  to  remove  all  source  of  misunder 
standing  relative  to  objects  of  discussion,"  &c. 

After  reciting  the  other  treaties  pending  between 
France  and  the  United  States  and  Spain,  they  go  on 
in  the  first  article  as  follows  :  — 

"  And  whereas,  in  pursuance  of  the  treaty,  and  particularly 
the  third  article,  the  French  Republic  has  an  incontestable 
title  to  the  domain  and  to  the  possession  of  the  said  territory, 
[that  is,  of  Louisiana,]  the  First  Consul  of  the  French  Re 
public,  desiring  to  give  to  the  United  States  a  strong  proof 
of  his  friendship,  doth  hereby  cede  to  the  said  United  States, 
in  the  name  of  the  French  Republic,  forever  and  in  full 
sovereignty,  the  said  territory,  with  all  its  rights  and  appur 
tenances,  as  fully  and  in  the  same  manner  as  they  have  been 
acquired  by  the  French  Republic,  in  virtue  of  the  above-men 
tioned  treaty  concluded  with  his  Catholic  Majesty." 

Now,  sir,  is  there  not  a  clear  and  distinct  and 
explicit  conveyance  of  sovereignty,  of  property,  of 
jurisdiction,  of  everything  that  resided  in  the  First 
Consul  of  France,  to  the  people  of  the  United 
States  ?  Clearly  and  distinctly  the  jurisdiction  and 
control  of  that  Government  were  transmitted  abso 
lutely  by  the  treaty.  Why  not  have  read  that  part 
of  the  treaty  first  ? 

The  second  article  is  in  these  words :  — 

16 


182  THE  SPEECHES 

"ART.  2.  In  the  cession  made  by  the  preceding  article,  are 
included  the  adjacent  islands  belonging  to  Louisiana,  all  pub 
lic  lots  and  squares,  vacant  lands,  and  all  public  buildings, 
fortifications,  barracks,  and  other  edifices,  which  are  not 
private  property.  The  archives,  papers,  and  documents  rela 
tive  to  the  domain  and  sovereignty  of  Louisiana  an,d  its  de 
pendencies,  will  be  left  in  the  possession  of  the  commissaries 
of  the  United  States,  and  copies  will  be  afterwards  given  in 
due  form  to  the  magistrates  and  municipal  officers  of  such  of 
the  said  papers  and  documents  as  may  be  necessary  to  them." 

We  see,  then,  in  the  first  article,  that  property 
and  sovereignty  were  all  conveyed  together,  in 
clear  and  distinct  terms.  If  there  was  a  power 
residing  anywhere  to  control  the  people  and  the 
property  of  Louisiana,  it  was  in  the  First  Consul  of 
France,  who  conveyed  absolutely  the  sovereignty 
and  right  of  property  to  the  people  of  the  United 
States.  Then  we  come  to  the  third  article,  which 
the  Senator  read  yesterday  :  — 

"  ART.  3.  The  inhabitants  of  the  ceded  territory  shall  be 
incorporated  in  the  Union  of  the  United  States,  and  admitted 
as  soon  as  possible,  according  to  the  principles  of  the  Federal 
Constitution,  to  the  enjoyment  of  all  the  rights,  advantages, 
and  immunities  of  citizens  of  the  United  States ;  and,  in  the 
mean  time,  they  shall  be  maintained  and  protected  in  the  free 
enjoyment  of  their  liberty,  property,  and  the  religion  which 
they  profess." 

There  is  some  order  in  that ;  one  thing  fits  the 
other.  There  is  the  conveyance  of  sovereignty 
and  property.  There  is  a  minute  enumeration  in 
the  second  article  ;  and  in  the  third  article  it  is 
provided  that  as  soon  as  possible,  according  to  the 


OF  ANDKEW  JOHNSON.  183 

principles  of  the  Federal  Constitution,  they  shall  be 
incorporated  into  the  Union,  and  protected  in  the 
enjoyment  of  the  religion  which  they  may  profess. 
We  see,  then,  how  the  thing  stands.  Have  not 
all  these  things  been  complied  with  ?  But,  by  way 
of  exonerating;  Louisiana  from  censure  for  her 

o 

recent  act  of  attempted  secession,  it  is  urged  that, 
when  this  treaty  was  made,  there  was  no  consider 
ation  ;  but  that,  out  of  the  good-will  that  the  First 
Consul  had  towards  the  American  people,  the  sov 
ereignty  was  given  to  us  in  trust  ;  that  we  took 
the  property  in  trust  ;  that  we  took  everything  in 
trust.  Sir,  the  Federal  Government  took  the  prop 
erty,  and  the  sovereignty  with  it,  in  trust  for  all  the 
States.  The  retiring  Senator's  speech  —  whether 
it  was  intended  or  not,  I  do  not  undertake  to  say  — 
is  calculated  to  make  the  false  impression  that  some 
time  afterwards,  perhaps  in  some  other  treaty  remote 
from  that,  some  money  was  paid  by  the  United 
States  to  France,  out  of  the  good-will  that  this 
Government  had  towards  them.  And  yet,  sir,  on 
the  same  day  —  the  80th  of  April,  1803  —  on 
which  the  other  treaty  was  made  and  signed,  the 
following  convention  between  the  United  States  of 
America  and  the  French  Republic  was  made  :  — 

"  The  President  of  the  United  States  of  America,  and  the 
First  Consul  of  the  French  Republic,  in  the  name  of  the 
French  people,  in  consequence  of  the  treaty  of  cession  of 
Louisiana,  which  has  been  signed  this  day,  wishing  to  reg 
ulate  definitely  everything  which  has  relation  to  the  said 
cession,"  &c. 


184  THE  SPEECHES 

This,  be  it  observed,  was  made  on  the  same  day, 
and  was,  perhaps,  written  out  before  the  other  treaty 
was  signed.  And  what  does  the  first  article  say  ? 
It  says  expressly  :  — 

"  ART.  1.  The  Government  of  the  United  States  engages 
to  pay  to  the  French  Government,  in  the  manner  specified  in 
the  following  article,  the  sum  of  sixty  million  francs,  indepen 
dent  of  the  sum  which  shall  be  fixed  by  another  convention, 
for  the  payment  of  debts  due  by  France  to  the  citizens  of 
the  United  States." 

What  becomes  of  the  specious  plea  that  we  took 
it  simply  in  trust,  and  that  no  consideration  was 
paid  ?  Turn  over  to  the  American  State  Papers ; 
look  at  Mr.  Livingston's  letters,  upon  which  these 
treaties  were  predicated ;  read  his  correspondence 
with  Mr.  Madison,  who  was  Secretary  of  State  ;  and 
you  will  find  that  France  demanded  the  sum  of 
100,000,000f.  independent  of  what  they  owed  the 
citizens  of  the  United  States  ;  but  after  long  negotia 
tions,  the  First  Consul  of  the  French  concluded  to 
take  60,000,000f.  ;  and  the  first  two  articles  of  the 
treaty  which  I  have  read  are  based  upon  the 
60,000,000f.  paid  by  this  Government  in  considera 
tion  of  the  sovereignty  and  territory,  all  of  which 
was  to  be  held  in  trust  by  the  United  States  for  all 
the  States. 

This  was  given  to  us  out  of  the  pure  good-will 
that  Napoleon  at  that  time  had  towards  the  United 
States  !  Sir,  he  had  great  hate  for  Great  Britain  ; 
and  by  the  promptings  of  that  hate  he  was  disposed 


OF  ANDREW  JOHNSON.  185 

to  cede  this  territory  to  some  other  Power.  He 
feared  that  Great  Britain,  whose  navy  was  superior 
to  his  own,  would  take  it.  He  desired  to  obtain 
money  to  carry  on  his  wars  and  sustain  his  Govern 
ment.  These  considerations,  and  not  love  or  par 
tiality  or  friendship  for  the  United  States,  led  him 
to  make  the  cession.  Then  what  becomes  of  the 
Senator's  special  pleading?  From  the  Senator's 
remarks,  it  may  have  been  concluded  that  we  got 
it  as  a  gratuity.  But  after  examining  the  State 
Papers  and  the  correspondence,  and  looking  at  the 
tedious  and  labored  negotiation  previous  to  the 
making  of  the  treaty,  it  is  clear  that  at  the  time 
the  first  treaty  was  made,  on  the  very  same  day, 
the  consideration  was  fixed ;  and  yet  the  Senators 
tell  us  that  at  some  other  time  a  treaty  was  made 
not  referring  to  any  amount  of  money  agreed  to 
be  paid  at  this  particular  time,  and  that  therefore 
they  are  excusable  and  justifiable  in  going  out  of 
the  Confederacy  of  these  States. 

And  then  an  appeal  was  made.  It  was  a  very 
affecting  scene.  Louisiana  was  gone  ;  and  what 
was  the  reason  ?  Great  oppression  and  great  wrong. 
She  could  not  get  her  rights  in  the  Union,  and  con 
sequently  she  has  sought  them  out  of  it.  What 
are  the  wrongs  of  Louisiana  ?  What  was  the  cause 
for  all  the  sympathy  expressed  on  the  one  hand,  and 
the  tears  shed  on  the  other?  Louisiana  was  pre 
sented  to  the  country  in  a  most  pathetic  and  sym 
pathetic  attitude.  Her  wrongs  were  without  num- 

16* 


186  THE  SPEECHES 

ber;  their  enormity  was  almost  without  estimate  ; 
they  could  scarcely  be  fathomed  by  human  sym 
pathy.  It  was  not  unlike  the  oration  of  Mark 
Antony  over  the  dead  body  of  Caesar.  Weeping 
friends  grouped  picturesquely  in  the  foreground  ; 
the  bloody  robe,  the  ghastly  wounds,  were  conjured 
to  the  imagination  ;  and  who  was  there  that  did 
not  expect  to  hear  the  exclamation,  "  If  you  have 
tears,  prepare  to  shed  them  now  "  ? 

Sir,  what  are  the  great  wrongs  that  have  been 
inflicted  upon  Louisiana  ?  Prior  to  1803  Louisiana 
was  transferred  from  Spain  to  France,  and  from 
France  back  to  Spain,  —  both  property  and  sover 
eignty, —  almost  with  the  same  facility  as  a  chattel 
from  one  person  to  another.  On  the  30th  of  April, 
1803,  when  this  treaty  was  made,  what  was  the 
condition  of  Louisiana?  It  was  then  a  province 
of  the  First  Consul  of  France,  subject  to  be  dis 
posed  of  at  his  discretion.  The  United  States  came 
forward  and  paid  to  the  First  Consul  of  France 
60,000,000f.  for  the  territory.  The  treaty  was 
made  ;  the  territory  was  transferred  ;  and  in  1806, 
in  express  compliance  with  the  treaty,  as  soon  as 
practicable  according  to  the  terms  of  the  Federal 
Constitution,  Louisiana  was  admitted  into  the  Union 
as  a  State.  We  bought  her ;  we  paid  for  her  ; 
we  admitted  her  into  the  Union  upon  terms  of 
equality  with  the  other  States.  Was  there  any 
oppression,  any  great  wrong,  any  grievance  in  that  ? 

In  1815  —  war  having  been  declared  in  1812  — 


OF  ANDREW  JOHNSOX.  187 

Louisiana  was  attacked ;  the  city  of  New  Orleans 
was  about  to  be  sacked  and  laid  prostrate  in  the 
dust ;  "  Beauty  and  Booty  "  were  the  watchwords. 
She  was  oppressed  then,  was  she  not  ?  Kentucky, 
your  own  gallant  State,  sir,  (and,  thank  God !  she 
is  standing  erect  now,)  and  Tennessee,  (which,  as  I 
honestly  believe,  will  ever  stand  by  her  side  in  this 
struggle  for  the  Constitution  and  the  Union,)  in 
conjunction  with  the  other  States,  met  Packenham 
and  his  myrmidons  upon  the  plains  of  New  Orleans, 
and  there  dealt  out  death  and  desolation  to  her  in 
vading  foe.  What  soil  did  we  invade  ?  What  city 
did  we  propose  to  sack  ?  Whose  property  did  we 
propose  to  destroy  ?  Was  not  Louisiana  there  gal 
lantly,  nobly,  bravely,  and  patriotically  defended,  by 
the  people  of  the  United  States,  from  the  inroads  and 
from  the  sacking  of  a  British  foe  ?  Is  that  defence 
one  of  her  oppressions  ?  Is  that  one  of  the  great 
wrongs  that  have  been  inflicted  upon  Louisiana  ? 
What  more  has  been  done  by  this  Government  ? 
How  much  protection  has  she  received  upon  her 
sugar  ?  In  order  to  give  that  protection,  the  poorest 
man  throughout  the  United  States  is  taxed  for  every 
spoonful  that  he  uses  to  sweeten  his  coffee.  How 
many  millions,  under  the  operation  of  a  protection 
upon  sugar,  have  been  contributed  to  the  wealth  and 
prosperity  of  Louisiana  since  she  has  been  in  this 
Confederacy  ?  Estimate  them.  Is  this  another  of 
her  wrongs  ?  Is  this  another  of  her  grievances  ?  Is 
this  another  of  the  oppressions  that  the  United  States 
have  inflicted  upon  Louisiana  ? 


188  THE  SPEECHES 

Sum  them  all  up,  and  what  are  the  wrongs,  what 
the  grievances  which  justify  Louisiana  in  taking  leave 
of  the  United  States  ?  We  have  defended  her  soil 
and  her  citizens ;  we  have  paid  the  price  asked  for 
her  by  the  French  Government ;  she  has  been 
protected  in  the  production  of  her  sugar,  and  in  the 
enjoyment  of  every  right  that  a  sovereign  State 
could  ask  at  the  hands  of  the  Federal  Govern 
ment.  And  how  has  she  treated  the  United  States  ? 
What  is  her  position  ?  Upon  her  own  volition, 
without  consultation  with  her  sister  States,  without 
even  consulting  with  Tennessee  and  Kentucky, 
who  defended  her  when  she  was  in  peril,  she  proposes 
to  secede  from  the  Union.  She  does  more :  in  vio 
lation  of  the  Constitution  of  the  United  States,  in 
despite  of  the  plighted  faith  that  exists  between  all 
the  States,  she  takes  our  arsenals,  our  forts,  our 
custom-house,  our  mint,  with  about  a  million  dollars. 
Gracious  God  !  to  what  are  we  coming  ?  Is  it  thus 
that  the  Constitution  of  the  United  States  is  to  be 
violated  ?  Forts,  arsenals,  custom-houses,  and  prop 
erty  belonging  to  all  the  people  of  all  the  States, 
have  been  ruthlessly  seized,  and  their  undisturbed 
possession  is  the  sum  total  of  the  great  wrongs  that 
have  been  inflicted  upon  Louisiana  by  the  United 
States ! 

Mr.  President,  when  I  look  at  the  conduct  of 
some  of  the  States,  I  am  reminded  of  the  fable  of 
King  Log  and  the  frogs.  They  got  tired  of  the 
log  that  lay  in  their  midst,  upon  which  they  could 


OF  ANDREW  JOHNSON.  189 

bask  in  the  sun,  or  from  which  they  could  dive  to 
the  depth  beneath,  without  interference.  And  these 
seceding  States  have  got  tired  of  the  Federal  Gov 
ernment,  which  has  been  so  profitable  to  them,  and 
loathe  the  blessings  which  they  enjoy.  Seemingly, 
its  inability  to  take  care  of  itself  created  their  op 
position  to  it.  It  seems,  the  inability  of  the  United 
States  to  defend  and  take  care  of  its  own  property 
has  been  an  invitation  to  them  to  take  possession 
of  it ;  and,  like  the  frogs,  they  seek  a  substitute  for 
their  log.  They  prayed  to  Jupiter,  the  supreme 
deity,  to  send  them  another  king  ;  and  he  answered 
their  prayer  by  sending  them  a  stork,  who  soon  de 
voured  his  subject  frogs.  There  are  storks,  too,  in 
the  seceding  States.  South  Carolina  has  her  stork 
king,  and  so  has  Louisiana.  In  the  heavy  appropria 
tions  they  are  making  to  maintain  armies,  and  in  all 
their  preparations  for  war,  for  which  there  is  no 
cause,  they  will  find  they  have  brought  down  storks 
upon  them  that  will  devour  them. 

What  do  we  find,  Mr.  President,  since  this  move 
ment  commenced  ?  In  about  forty-six  days,  since 
the  first  State  went  out  until  the  last  one  disap 
peared,  —  the  26th  of  January,  — -  they  have  taken 
from  tli e  United  States,  this  harmless  old  ruler,  six 
teen  forts  and  one  thousand  and  ninety-two  guns, 
without  any  resistance,  amounting  to  $6,513,000. 
They  are  very  much  alarmed  at  the  power  of  this 
Government.  Thus  the  Government  oppresses 
them,  —  thus  this  Government  oppresses  Louisiana, 


190  THE  SPEECHES 

pertinaciously  persisting  in  allowing  those  States  to 
take  all  the  guns,  all  the  forts,  all  the  arsenals,  all 
the  dock-yards,  all  the  custom-houses,  and  all  the 
mints.  Thus  they  are  so  cruelly  oppressed.  Is  it 
not  a  farce  ?  Is  it  not  the  greatest  outrage  and  the 
greatest  folly  that  was  ever  consummated  since  man 
was  spoken  into  existence  ?  But  these  are  the 
grievances  of  Louisiana.  I  shall  say  nothing  against 
Louisiana.  Tennessee  and  Kentucky  have  given 
demonstrations  most  noticeable,  that  when  she 
needed  friends,  when  she  needed  aid,  they  were  at 
her  bidding. 

But  with  Louisiana  there  was  another  very  im 
portant  acquisition.  We  acquired  the  exclusive  and 
entire  control  of  the  navigation  of  the  Mississippi 
River.  We  find  that  Louisiana,  in  her  ordinance 
of  secession,  makes  the  negative  declaration  that 
she  has  the  control  of  the  navigation  of  that  great 
stream,  by  stating  that  the  navigation  of  the  river 
shall  be  free  to  those  States  that  remain  on  friendly 
terms  with  her,  with  the  proviso  that  moderate  con 
tributions  are  to  be  levied  to  defray  such  expenses 
as  they  may  deem  expedient  from  time  to  time. 
That  is  the  substance  of  it.  Sir,  look  at  the  facts. 
All  the  States,  through  their  Federal  Government, 
treated  for  Louisiana.  The  treaty  was  made.  All 
the  States,  by  the  contribution  of  their  money,  paid 
for  Louisiana  and  the  navigation  of  the  Mississippi 
River.  Where,  and  from  what  source,  does  Louisi 
ana  now  derive  the  power  or  the  authority  to  secede 


OF  ANDREW  JOHNSON.  191 

from  this  Union  and  set  up  exclusive  control  of  the 
navigation  of  that  great  stream  which  is  owned  by 
all  the  States,  which  was  paid  for  by  the  money  of 
all  the  States,  and  upon  whose  borders  the  blood  of 
many  citizens  of  the  States  has  been  shed  ? 

This  is  one  of  the  aggrieved,  the  oppressed  States  ! 
Mr.  President,  is  it  not  apparent  that  these  griev 
ances  and  oppressions  are  mere  pretences  ?  A  large 
portion  of  the  South  (and  that  portion  of  it  I  am 
willing  to  stand  by  to  the  very  last  extremity)  be 
lieve  that  aggressions  have  been  made  upon  them 
by  the  other  States,  in  reference  to  the  institution  of 
slavery.  A  large  portion  of  the  South  believe  that 
something  ought  to  be  done  in  the  shape  of  what 
has  been  offered  by  the  distinguished  Senator  from 
Kentucky,  or  something  very  similar.  They  think 
and  feel  that  that  ought  to  be  done.  But,  sir,  there 
is  another  portion  who  do  not  care  for  those  prop 
ositions  to  bring  about  reconciliation,  but  who,  on 
the  contrary,  have  been  alarmed  lest  something 
sbuj&ld  be  done  to  reconcile  and  satisfy  the  public 
mind,  before  this  diabolical  work  of  secession  could 
be  consummated.  Yes,  sir,  they  have  been  afraid  ; 
and  the  occasion  has  been  used  to  justify  and  to  car 
ry  into  practice  a  doctrine  which  will  be  not  only 
the  destruction  of  this  Government,  but  the  destruc 
tion  of  all  other  governments  that  may  be  origi 
nated  embracing  the  same  principle.  Why  not, 
then,  meet  it  like  men  ?  We  know  there  is  a 
portion  of  the  South  who  are  for  secession,  who 


192  THE  SPEECHES 

are  for  breaking  up  this  Government,  without  regard 
to  slavery  or  anything  else,  as  I  shall  show  before 
I  have  done. 

The  Senator  from  Louisiana,1  in  a  speech  that 
he  made  some  days  since,  took  occasion  to  al 
lude  to  some  authority  that  I  had  introduced  from 
General  Washington,  the  first  President  who  ex 
ecuted  the  laws  of  the  United  States  against  armed 
resistance  ;  and  it  occurred  to  him  that,  by  way 
of  giving  his  argument  force,  it  was  necessary  to 
remark  that  I  was  not  a  lawyer,  and  that  there 
fore  I  had  not  examined  the  subject  with  that 
minuteness  and  with  that  care  and  familiarity  that  I 
should  have  done  ;  and  hence  that  I  had  introduced 
authority  which  had  no  application  to  the  question 
under  consideration.  The  proof  that  he  gave  to 
show  that  I  had  not  examined  the  subject  carefully 
was  contained  in  the  very  extract  that  I  had  quoted, 
and  which  he  said  declared  that  General  Washing 
ton  had  been  informed  by  the  marshal  that  he  could 
not  execute  the  laws ;  and  from  the  fact  of  the 
marshal  being  incapable  of  executing  them,  General 
Washington  was  called  upon  to  employ  the  means, 
under  the  Constitution  and  the  laws,  which  were 
necessary  to  their  enforcement.  It  may  have  been 
necessary  for  the  distinguished  Senator  to  inform 
the  Senate  and  the  country  that  I  was  not  a  lawyer  ; 
but  it  was  not  necessary  to  inform  anybody  that 
read  his  speech  and  had  the  slightest  information  or 

1  Mr.  Benjamin. 


OF   ANDREW   JOHNSOX.  193 

sagacity,  that  he  was  a  lawyer,  and  that  he  was 
making  a  lawyer's  speech  upon  the  case  before  him  ; 
not  an  argument  upon  the  great  principles  of  the 
Government.  The  speech  was  a  complete  lawyer's 
speech,  the  authorities  were  summed  up  simply  to 
make  out  the  case  on  his  side  ;  and  he  left  out  all 
those  that  would  disprove  his  position. 

That  Senator  yesterday  seemed  to  be  very  serious 
in  regard  to  the  practical  operation  of  the  doctrine 
of  secession.  I  felt  sorry  myself,  somewhat.  I  am 
always  reluctant  to  part  with  a  gentleman  with 
whom  I  have  been  associated,  and  nothing  had 
transpired  to  disturb  between  us  those  courteous 
relations  which  should  always  exist  between  persons 
associated  on  this  floor.  I  thought  the  scene  was 

?D 

pretty  well  got  up,  and  was  acted  out  admirably. 
The  plot  was  executed  to  the  very  letter.  You 
would  have  thought  that  his  people  in  Louisiana 
were  borne  down  and  seriously  oppressed  by  re 
maining  in  this  Union  of  States.  Now,  I  have  an 
extract  before  me,  from  a  speech  delivered  by  that 
gentleman  since  the  election  of  Abraham  Lincoln, 
while  the  distinguished  Senator  was  on  the  western 
slope  of  the  Rocky  Mountains,  at  the  city  of  San 
Francisco.  He  was  called  upon  to  make  an  address; 
and  I  will  read  an  extract  from  it,  which  I  find  in 
the  "  New  York  Times,"  the  editors  of  which  paper 
said  they  had  the  speech  before  them  ;  and  I  have 
consulted  a  gentleman  here  \vho  was  in  California 
at  the  time,  and  he  tells  me  that  the  report  is  cor- 

17 


194  THE   SPEECHES 

rect.  In  that  speecli  —  after  the  Senator  had 
spoken  some  time  with  his  accustomed  eloquence 
—  he  uttered  tin's  language  :  — 

"  Those  who  prate  of,  and  strive  to  dissolve  this  glorious 
Confederacy  of  States,  are  like  those  silly  savages  who  let 
fly  their  arrows  at  the  sun  in  the  vain  hope  of  piercing  it ! 
And  still  the  sun  rolls  on,  unheeding,  in  its  eternal  pathway, 
shedding  light  and  animation  upon  all  the  world." 

Even  after  Lincoln  was  elected,  the  Senator  from 
Louisiana  is  reported  to  have  said,  in  the  State  of 
California,  and  in  the  city  of  San  Francisco,  that  this 
great  Union  could  not  be  destroyed.  Those  great 
and  intolerable  oppressions,  of  which  we  have  since 
heard  from  him,  did  not  seem  to  be  flitting  across  his 
vision  and  playing  upon  his  mind  with  that  vividness 
and  clearness  which  were  displayed  here  yesterday. 
He  said,  in  California,  that  this  great  Union  would 
go  on  in  its  course,  notwithstanding  the  puny  efforts 
of  the  silly  savages  that  were  letting  fly  their  arrows 
with  the  vain  hope  of  piercing  it.  What  has  changed 
the  Senator's  mind  on  coining  from  that  side  of  the 
continent  to  this  ?  What  light  has  broken  in  upon 
him  ?  Has  he  been  struck  on  his  way,  like  Paul, 
when  he  was  journeying  from  Tarsus  to  Damascus  ? 
Has  some  supernatural  power  disclosed  to  him  that 
his  State  and  his  people  will  be  ruined  if  they  re 
main  in  the  Union  ?  Where  do  we  find  the  dis 
tinguished  Senator  only  at  the  last  session  ?  On  the 
22d  of  May  last,  when  he  made  his  celebrated  reply 
to  the  Senator  from  Illinois,1  the  Senator  from  Louis- 

1  Mr.  Douglas. 


OF   ANDREW   JOHNSON.  195 

iana,  alluding  to  the  contest  for  the  Senate  between 
Mr.  LINCOLN  and  Mr.  DOUGLAS,  said  :  — 

"  In  that  contest,  the  two  candidates  for  the  Senate  of  the 
United  States,  in  the  State  of  Illinois,  went  before  their  peo 
ple.  They  agreed  to  discuss  the  issues  ;  they  put  questions  to 
each  other  for  answer  ;  and  I  must  say  here  —  for  I  must  be 
just  to  all  —  that  I  have  been  surprised,  in  the  examination 
that  I  made  again,  within  the  last  few  days,  of  this  discussion 
between  Mr.  Lincoln  and  Mr.  Douglas,  to  find  that,  on  several 
points,  Mr.  Lincoln  is  a  far  more  conservative  man,  unless 
he  has  since  changed  his  opinion,  than  I  had  supposed  him 
to  be.  There  was  no  dodging  on  his  part.  Mr.  Douglas 
started  with  his  questions.  Here  they  are,  with  Mr.  Lincoln's 
answers." 

The  impression  evidently  made  on  the  public 
mind  then,  before  the  presidential  election,  was  that 
Lincoln,  the  rank  Abolitionist  now,  was  more  con 
servative  than  Mr.  Douglas  ;  and  he  said  further, 
after  reading  the  questions  put  by  Mr.  Lincoln,  and 
his  answers  to  them,  — 

"  It  is  impossible,  Mr.  President,  however  we  may  differ  in 
opinion  with  the  man,  not  to  admire  the  perfect  candor  and 
frankness  with  which  the  answers  were  given  ;  no  equivoca 
tion  ;  no  evasion." 

Since  that  speech  was  made,  since  the  Senator  has 
travelled  from  California  to  this  place,  the  griev 
ances,  the  oppressions  of  Louisiana,  have  become  so 
great  that  she  is  justified  in  going  out  of  the  Union, 
taking  into  her  possession  the  custom-house,  the 
mint,  the  navigation  of  the  Mississippi  River,  the 
forts,  and  arsenals.  Where  are  we  ?  "  O  Con- 


196  THE  SPEECHES 

sistency,  thou  art  a  jewel  much  to  be  admired,  but 
rarely  to  be  found." 

Mr.  President,  I  never  do  things  by  halves.  I 
am  against  this  doctrine  entirely.  I  commenced 
making  war  upon  it,  —  a  war  for  the  Constitution 
and  the  Union, — and  I  intend  to  sink  or  swim 
upon  it.  In  the  remarks  that  I  made  on  the 
19th  of  December,  I  discussed  at  some  length  the 
alleo-ed  ri^ht  of  secession.  I  repudiated  the  whole 

J^>  O  1 

doctrine.  I  introduced  authorities  to  show  its  un- 
soundness,  and  made  deductions  from  those  author 
ities  which  have  not  been  answered  to  this  day ; 
but  by  innuendo  and  indirection,  without  reference 
to  the  person  who  used  the  authorities,  attempts 
have  been  made  to  answer  the  speech.  Let  those 
who  can,  answer  the  speech,  answer  the  authorities, 
answer  the  conclusions  which  have  been  deduced 
from  them.  I  was  more  than  gratified,  shortly 
afterwards,  when  one  of  the  distinguished  Sena 
tors  from  Virginia1  delivered  a  speech  upon  this 
floor,  which  it  was  apparent  to  all  had  been  studied 
closely  ;  which  had  been  digested  thoroughly  ;  which, 
in  the  language  of  another,  had  been  conned  and 
set  down  in  a  note-book,  and  got  by  rote ;  not 
only  the  sentences  constructed,  but  the  language 
measured.  In  the  plan  which  he  proposed  as  one 
upon  which  the  Government  can  be  continued  and 
administered,  in  his  judgment,  he  brought  his  mind 
seemingly,  irresistibly,  to  the  conclusion  that  this 
doctrine  of  secession  was  a  heresy.  What  does  he 

l  Mr.  Hunter. 


OF  ANDREW  JOHXSOX.  197 

say  in  that  able,  that  methodical,  that  well-digested 
speech  ?  He  goes  over  the  whole  ground.  He 
has  been  reasoning  on  it ;  he  has  been  examining 
the  principle  of  secession  ;  he  has  arrived  at  the 
conclusion  to  which  it  leads  ;  and  he  is  seemingly 
involuntarily,  but  irresistibly,  forced  to  admit  that 
it  will  not  do  to  acknowledge  this  doctrine  of  se 
cession,  for  he  says  :  — 

"  I  have  presented  this  scheme,  Mr.  President,  as  one  which, 
in  my  opinion,  would  adjust  the  differences  between  the  two 
social  systems,  and  which  would  protect  each  from  the  assault 
of  the  other.  If  this  were  done,  so  that  we  were  made  mutu 
ally  safe,  I,  for  one,  would  be  willing  to  regulate  the  right 
of  secession,  which  I  hold  to  be  a  right  not  given  in  the 
Constitution,  but  resulting  from  the  nature  of  the  compact. 
I  would  provide  that  before  a  State  seceded,  it  should  summon 
a  convention  of  the  States  in  the  section  to  which  it  belonged, 
and  submit  to  them  a  statement  of  its  grievances  and  wrongs. 
Should  a  majority  of  the  States  in  such  a  convention  decide 
the  complaint  to  be  well  founded,  then  the  State  ought  to  be 
permitted  to  secede  in  peace.  For,  whenever  a  majority  of 
States  in  an  entire  section  shall  declare  that  good  cause  for 
secession  exists,  then  who  can  dispute  that  it  ought  to  take 
place  ?  Should  they  say,  however,  that  no  good  cause  ex 
isted,  then  the  moral  force  of  such  a  decision,  on  the  part  of  the 
confederates,  of  those  who  are  bound  to  the  complaining  State 
by  identical  and  homogeneous  interests,  would  prevent  it  from 
prosecuting  the  claim  any  further." 

Sir,  I  quoted  the  Old  Dominion   extensively  be 
fore.     I  took  the  foundation  of  this  doctrine   and 
traced  it  along  step  by  step,  and  showed  that  there 
was  no  such  notion  tolerated  by  the  fathers  of  the 
17* 


198  THE   SPEECHES 

Republic  as  the  right  of  secession.  Now,  who  comes 
up  to  my  relief?  When  the  States  are  seceding,  the 
distinguished  Senator  from  Virginia  says,  in  so  many 
words,  that  he  admits  the  error,  and  the  force  of  the 
principle  that  a  State  ought  not  to  be  permitted  to 
go  out  of  the  Confederacy  without  the  consent  of  the 
remaining  members.  He  says,  however,  that  the 

rifflit  to  secede  results  from  the  nature  of  the  com- 
& 

pact.  Sir,  I  have  read  Mr.  Jefferson,  and  I  am  as 
much  inclined  to  rely  on  the  former  distinguished 
men  of  the  State  of  Virginia  as  I  am  on  the  latter. 
In  the  old  Articles  of  Confederation,  when  the 
revenue  required  for  the  support  of  the  Federal 
Government  was  apportioned  among  the  States,  arid 
each  State  had  to  raise  its  portion,  the  great  diffi 
culty  was,  that  there  were  no  means  by  which  the 
States  could  be  compelled  to  contribute  their 
amount ;  there  were  no  means  of  forcing  the  State 
to  compliance ;  and  yet  Mr.  Jefferson,  in  view  of 
that  very  difficulty,  said  in  1786  :  - 

"  It  has  been  often  said  that  the  decisions  of  Congress  are 
impotent,  because  the  Confederation  provides  no  compulsory 
power.  But  when  two  or  more  nations  enter  into  compact,  it 
is  not  usual  for  them  to  say  what  shall  be  done  to  the  party 
who  infringes  it.  Decency  forbids  this,  and  it  is  as  unneces 
sary  as  indecent ;  because  the  right  of  compulsion  naturally 
results  to  the  party  injured  by  the  breach.  When  any  one 
State  in  the  American  Union  refuses  obedience  to  the  Con 
federation  by  which  they  have  bound  themselves,  the  rest 
have  a  natural  right  to  compel  it  to  obedience." 

The  Senator  from  Virginia  says  a  State  has  tl.e 


OF   ANDltEW   JOHNSON.  199 

right  to  secede  from  the  Union,  and  that  it  is  a  right 
resulting  from  the  nature  of  the  compact ;  but  Mr. 
Jefferson  said  that  even  under  the  old  Articles  of 
Confederation,  no  State  had  a  right  to  refuse  obe 
dience  to  the  Confederacy,  and  that  there  was  a 
right  to  enforce  its  compliance,  — 

'•  Congress  would  probably  exercise  long  patience  before 
they  would  recur  to  force ;  but  if  the  case  ultimately  required 
it,  they  would  use  that  recurrence.  Should  this  case  ever 
arise,  they  will  probably  coerce  by  a  naval  force,  as  being 
more  easy,  less  dangerous  to  liberty,  and  less  likely  to  produce 
much  bloodshed."  1 

When  was  this  ?  I  have  stated  that  it  was  under 
the  old  Articles  of  Confederation,  when  there  was  no 
power  to  compel  a  State  even  to  contribute  her  pro 
portion  of  the  revenues ;  but  in  that  view  of  the 
case,  Mr.  Jefferson  said  that  the  injured  party  had 
a  right  to  enforce  compliance  with  the  compact  from 
the  offending  State,  and  that  this  was  a  right  de- 
ducible  from  the  laws  of  nature.  The  present  Con 
stitution  was  afterwards  formed ;  and  to  avoid  this 
difficulty  in  raising  revenue,  the  power  was  con 
ferred  upon  the  Congress  of  the  United  States  "  to 
lay  and  collect  taxes,  duties,  imposts,  and  excises," 
and  the  Constitution  created  a  direct  relation  be 
tween  the  citizen  and  the  Federal  Government  in 
that  matter,  and  to  that  extent  that  relation  is  just 
as  direct  and  complete  between  the  Federal  Govern 
ment  and  the  citizen  as  is  the  relation  between  the 

1  Jeffersofi's  Works,  Vol.  IX.  p.  291. 


200  THE  SPEECHES 

State  and  the  citizen  in  other  matters.  Hence  we 
find  that,  by  an  amendment  to  the  Constitution  of 
the  United  States,  the  citizens  cannot  even  make  a 
State  a  party  to  a  suit,  and  bring  her  into  the 
Federal  courts.  They  wanted  to  avoid  the  difficulty 
of  coercing  a  State,  and  the  Constitution  conferred 
on  the  Federal  Government  the  power  to  operate 
directly  upon  the  citizen,  instead  of  operating  on  the 
States.  It  being  the  right  of  the  Government  to 
enforce  obedience  from  the  citizen  in  those  matters 
of  which  it  has  jurisdiction,  the  question  comes  up 
as  to  the  exorcise  of  this  right.  It  may  not  always 
be  expedient.  It  must  depend  upon  discretion,  as 
was  eloquently  said  by  the  Senator  from  Kentucky1 
on  one  occasion.  It  is  a  matter  of  discretion,  even 
as  Mr.  Jefferson  laid  it  down  before  this  provi 
sion  existed  in  the  Constitution,  before  the  Gov 
ernment  h-'id  power  to  collect  its  revenue  as  it 
now  has.  I  know  that  when,  on  a  former  occa 
sion,  I  undertook  to  show,  as  I  thought  I  did  show, 
clearly  and  distinctly,  the  difference  between  the 
existence  and  the  exercise  of  this  power,  words 
were  put  into  my  mouth  that  I  did  not  utter,  and 
positions  answered  which  I  had  never  assumed. 
It  was  said  that  I  took  the  bold  ground  of  coercing 
a  State.  I  expressly  disclaimed  it.  I  stated  in  my 
speech,  that,  by  the  Constitution,  we  could  not  put 
a  State  into  court;  but  I  said  there  were  certain  re 
lations  created  by  the  Constitution  between  the 
Federal  Government  and  the  citizen,  and  that  we 
i  Mr.  Crittenden. 


OF   ANDREW  JOHNSON.  201 

could  enforce  those  laws  against  the  citizen.  I  took 
up  the  fugitive-slave  law ;  I  took  up  the  revenue  law  ; 
I  took  up  the  judicial  system  ;  I  took  up  the  post- 
office  system  ;  and  I  might  have  taken  np  the  power 
to  coin  money  and  to  punish  counterfeiters,  or  the 
power  to  pass  laws  to  punish  mail  robbers.  I  showed 
that  under  these  we  had  power,  not  to  punish  a 
State,  but  to  punish  individuals  as  violators  of  the 
law.  Who  will  deny  it ;  who  can  deny  it,  that 
acknowledges  the  existence  of  the  Government  ? 
This  point,  I  think,  was  settled  in  the  decision  of  the 
Supreme  Court  in  the  case  of  Ableman  vs.  Booth. 
When  the  decision  of  the  Supreme  Court  is  in  our 
favor,  we  are  very  much  for  it ;  but  sometimes  we 
are  not  so  well  reconciled  to  it  when  it  is  against  us. 

O 

In  that  case  the  court  decided,  — 

"  But,  as  we  have  already  said,  questions  of  this  kind  must 
always  depend  upon  the  Constitution  and  laws  of  the  United 
States,  and  not  of  a  State.  The  Constitution  was  not  formed 
merely  to  guard  the  States  against  danger  from  foreign  na 
tions,  but  mainly  to  secure  union  and  harmony  at  home ;  for 
if  this  object  could  be  obtained,  there  would  be  but  little 
danger  from  abroad ;  and  to  accomplish  this  purpose,  it  was 
felt  by  the  statesmen  who  framed  the  Constitution,  and  by 
the  people  who  adopted  it,  that  it  was  necessary  that  many 
of  the  rights  of  sovereignty  which  the  States  then  possessed 
should  be  ceded  to  the  General  Government ;  and  that,  in 
the  sphere  of  action  assigned  to  it,  it  should  be  supreme,  and 
strong  enough  to  execute  its  own  laws  by  its  own  tribunals, 
•without  interruption  from  a  State  or  from  State  authorities. 
And  it  was  evident  that  anything  short  of  this  would  be  in 
adequate  to  the  main  objects  for  which  the  Government  was 


202  THE   SPEECHES 

established  ;  and  that  local  interests,  local  passions  or  preju 
dices,  incited  and  fostered  by  individuals  for  sinister  purposes, 
•would  lead  to  acts  of  aggression  and  injustice  by  one  State 
upon  the  rights  of  another,  which  would  ultimately  terminate 
in  violence  and  force,  unless  there  was  a  common  arbiter 
between  them,  armed  with  power  enough  to  protect  and  guard 
the  rights  of  all,  by  appropriate  laws,  to  be  carried  into  exe 
cution  peacefully  by  its  judicial  tribunals."  * 

When  the  fugitive-slave  law  was  executed  in  the 
city  of  Boston,  by  the  aid  of  military  force,  was 
that  understood  to  be  coercing  a  State,  or  was  it 
simply  understood  to  be  an  enforcement  of  the  law 
upon  those  who,  it  was  assumed,  had  violated  it  ? 
In  this  same  decision  the  Supreme  Court  declare 
that  the  fugitive-slave  law,  in  all  its  details,  is  con 
stitutional,  and  therefore  should  be  enforced.  Who 
is  prepared  to  say  that  the  decision  of  the  court  shall 
not  be  carried  out  ?  Who  is  prepared  to  say  that 
the  fugitive-slave  law  shall  not  be  enforced  ?  Do 
you  coerce  a  State  when  you  simply  enforce  the 
law  ?  If  one  man  robs  the  mail  and  you  seek  to 
arrest  him,  and  he  resists,  and  you  employ  force,  do 
you  call  that  coercion  ?  If  a  man  counterfeits  your 
coin,  and  is  arrested  and  convicted,  and  punishment 
is  resisted,  cannot  you  execute  the  law  ?  It  is  true 
that  sometimes  so  many  may  become  infected  with 
disobedience,  outrages  and  violations  of  law  may  be 
participated  in  by  so  many,  that  they  get  beyond 
the  control  of  the  ordinary  operations  of  law  ;  the 
disaffection  may  swell  to  such  proportions  as  to 

1  Howard's  Supreme  Court  Reports,  Vol.  XXI.  p.  516. 


OF  ANDREW  JOHNSON.  203 

be  too  great  for  the  Government  to  control ;  and 
then  it  becomes  a  matter  of  discretion,  not  a  matter 
of  constitutional  right. 

In  this  connection  I  desire  to  introduce  an  au 
thority  from  Virginia,  for  I  do  delight  in  authority 
from  the  Old  Dominion  ;  and  from  the  indications 
that  are  now  visible — although  it  is  possible  that 
before  the  setting  of  the  sun  I  may  receive  news 
that  will  convert  my  present  hopes  and  my  present 
exhilarated  feelings  into  despair  —  she  is  going  to 
make  a  stand  for  the  Union  and  the  Constitution. 
I  delight  in  calling  upon  her  for  authority.  The 
doctrine  that  I  am  trying  to  inculcate  here  to-day 
was  the  doctrine  of  Virginia  in  1814  ;  and  I  ask  my 
friend  from  California  to  read  an  extract  which  I 
have  from  the  "  Richmond  Enquirer  "  of  the  1st  of 
November,  1814. 

Mr.  LATHAM  read,  as  follows  :  — 

"THE  TRUE  QUESTION.  —  The  Union  is  in  Danger.  Turn 
to  the  convention  of  Hartford,  and  learn  to  tremble  at  the 
madness  of  its  authors.  How  far  will  those  madmen  advance  ? 
Though  they  may  conceal  from  you  the  project  of  disunion, 
though  a  few  of  them  may  have  even  concealed  it  from  them 
selves,  yet  who  will  pretend  to  set  bounds  to  the  rage  of  dis 
affection  ?  One  false  step  after  another  may  lead  them  to 
resistance  to  the  laws,  to  a  treasonable  neutrality,  to  a  war 
against  the  Government  of  the  United  States.  In  truth,  the 
first  act  of  resistance  to  the  law  is  treason  to  the  United 
States.  Are  you  ready  for  this  state  of  things  ?  Will  you 
support  the  men  who  would  plunge  you  into  this  ruin  ? 

"  No  man,  no  association  of  men,  no  State  or  set  of  States 
las  a  right  to  withdraw  itself  from  this  Union,  of  its  own 


204  THE  SPEECHES 

accord.  The  same  power  which  knit  us  together  can  only 
unknit.  The  same  formality  which  forged  the  links  of  the 
Union  is  necessary  to  dissolve  it.  The  majority  of  States 
which  form  the  Union  must  consent  to  the  withdrawal  of 
any  one  branch  of  it.  Until  that  consent  has  been  obtained, 
any  attempt  to  dissolve  the  Union,  or  obstruct  the  efficacy 
of  its  constitutional  laws,  is  treason — treason  to  all  intents 
and  purposes. 

"  Any  other  doctrine,  such  as  that  which  has  been  lately 
held  forth  by  the  '  Federal  Republican,'  that  any  one  State 
may  withdraw  itself  from  the  Union,  is  an  abominable  heresy 
—  which  strips  its  author  of  every  possible  pretension  to  the 
name  or  character  of  a  Federalist. 

u  We  call,  therefore,  upon  the  Government  of  the  Union 
to  exert  its  energies,  when  the  season  shall  demand  it —  and 
seize  the  first  traitor  who  shall  spring  out  of  the  hotbed  of 
the  convention  of  Hartford.  This  illustrious  Union,  which 
has  been  cemented  by  the  blood  of  our  forefathers,  the  pride 
of  America  and  the  wonder  of  the  world,  must  not  be  tamely 
sacrificed  to  the  heated  brains  or  the  aspiring  hearts  of  a  few 
malcontents.  The  Union  must  be  saved,  when  any  one  shall 
dare  to  assail  it. 

"  Countrymen  of  the  East !  we  call  upon  you  to  keep  a 
vigilant  eye  upon  those  wretched  men  who  would  plunge 
us  into  civil  war  and  irretrievable  disgrace.  Whatever  be 
the  temporary  calamities  which  may  assail  us,  let  us  swear, 
upon  the  altar  of  our  country,  to  SAVE  THE  UNIOX." 

Mr.  JOHNSON  continued  :  —  Mr.  President,  I  sub 
scribe  most  heartily  to  the  sentiment  presented  by 
the  "Richmond  Enquirer"  of  November  1,  1814. 
Then  it  was  declared  by  that  high  authority  that 
the  Union  was  to  be  saved  ;  that  those  persons  who 
were  putting  themselves  in  opposition  to  the  law 
were  traitors,  and  that  their  treason  should  be  pun- 


OF   ANDREW  JOHNSON.  205 

ished  as  such.  Now,  sir,  what  is  treason  ?  The 
Constitution  of  the  United  States  defines  it,  and 
narrows  it  down  to  a  very  small  compass.  The  Con 
stitution  declares  that  "  treason  against  the  United 
States  shall  consist  only  in  levying  war  against  them, 
or  in  adhering  to  their  enemies,  giving  them  aid  and 
comfort."  Who  are  levying  war  upon  the  United 
States  ?  Who  are  adhering  to  the  enemies  of  the 
United  States,  giving  them  aid  and  comfort?  Does 
it  require  a  man  to  take  the  lantern  of  Diogenes, 
and  make  a  diligent  search  to  find  those  who  have 
been  engaged  in  levvino-  war  against  the  United 

O     £7»  t/  O  O 

States  ?  Will  it  require  any  very  great  research  or 
observation  to  discover  the  adherents  of  those  who 
are  making  war  against  the  United  States,  and  giv 
ing  them  aid  and  comfort  ?  If  there  are  any  such 
in  the  United  States,  they  ought  to  be  punished 
according  to  law  and  the  Constitution.  [Applause 
in  the  galleries,  which  was  suppressed  by  the  Pre 
siding  officer,  Mr.  Fitch  in  the  chair.]  Mr.  Ritchie, 
speaking  for  the  Old  Dominion,  used  language  that 
was  unmistakable  :  "  The  treason  springing  out  of 
the  hot-bed  of  the  Hartford  Convention  should  be 
punished."  It  was  all  right  to  talk  about  treason 
then;  it  was  all  right  to  punish  traitors  in  that 
direction.  For  myself,  I  care  not  whether  treason 
be  committed  North  or  South  ;  he  that  is  guilty 
of  treason  deserves  a  traitor's  fate. 

But,  Mr.  President,  when  we  come   to  examine 
the  views  of  some  of  those  who  have  been  engaged 

in  this  work,  we  find   that  the  beginning  of  their - 
18 


206  THE  SPEECHES 

desire  to  break  up  the-  Government  dates  beyond, 
and  goes  very  far  back  of,  any  recent  agitation  of 
the  slavery  question.  There  are  some  men  who 
want  to  break  up  this  Government  anyhow  ;  who 
want  a  separation  of  the  Union.  There  are  some 
who  have  got  tired  of  a  government  l>y  the  people. 
They  fear  the  people.  Take  the  State  of  South 
Carolina.  Although  she  has  had  Senators  on  this 
floor  who  have  acted  a  portion  of  the  time  with  the 
Democratic  party,  and  sometimes  with  no  party, 
there  is,  in  that  State,  an  ancient  and  a  fixed  oppo 
sition  to  a  government  by  the  people.  They  have 
an  early  prejudice  against  this  thing  called  democ 
racy  —  a  government  of  the  people.  They  enter 
tained  the  idea  of  secession  at  a  very  early  day  ;  it 
is  no  new  idea  with  them  ;  it  has  not  arisen  out  of 
the  slavery  question  and  its  recent  agitation.  Even 
to  this  day,  the  people,  the  freemen  of  South  Caro 
lina,  have  never  been  permitted  to  vote  for  President 
and  Vice-President  of  the  United  States.  They 
have  never  enjoyed  that  great  luxury  of  freemen, 
of  having  a  voice  in  the  selection  of  their  Chief 
Magistrate. 

I  have  before  me  an  old  volume.  In  the  fron 
tispiece  I  find  a  picture  of  "  William  Moultrie,  Esq., 
late  Governor  of  South  Carolina,  and  Major-General 
in  the  American  Revolutionary  War."  The  book  is 
entitled,  "  Memoirs  of  the  American  Revolution,  so 
far  as  it  related  to  the  States  of  North  and  South 
Carolina  and  Georgia  "  ;  and  the  author  is  William 
Moultrie.  The  Articles  of  Confederation,  it  will  be 


OF   ANDREW  JOHNSON.  207 

remembered,  were  adopted  July  9,  1778.  South 
Carolina  was  one  of  the  members  of  the  Confederacy 
—  a  party  to  the  compact.  Charleston  was  besieged 
during  the  Revolutionary  War,  in  1779,  by  the  Brit 
ish.  The  defence  of  the  town  had  been  kept  up  for 
a  considerable  length  of  time,  and  at  last  General 
Moultrie  sent  a  message  to  the  British  commander, 
desiring  to  know  "  on  what  terms  he  would  be  dis 
posed  to  grant  a  capitulation."  The  answer  of  Gen 
eral  Prevost  was  submitted  to  the  Governor,  who 
summoned  a  council  of  war,  and  the  result  was  the 
following  message  to  the  British  commander  :  — 

CHARLESTOWN,  May  12,  1779. 

SIR  :  I  cannot  possibly  agree  to  so  dishonorable  a  propo 
sal  as  is  contained  in  your  favor  of  yesterday ;  but  if  you  will 
appoint  an  officer  to  confer  on  terms,  I  will  send  one  to  meet 
him,  at  such  time  and  place  as  you  fix  on. 
I  have  the  honor  to  be,  &c., 

WILLIAM  MOULTRIE. 
Brigadier-General  PREVOST. 

This  is  to  be  found  on  pages  431  and  432  of  Moul- 
trie's  Memoirs.  On  the  latter  page  he  says,  — 

"  When  the  question  was  carried  for  giving  up  the  town 
upon  a  neutrality,  I  will  not  say  who  was  for  the  question  ; 
but  this  I  well  remember,  that  Mr.  John  Edwards,  one  of 
the  Privy  Council,  a  worthy  citizen,  and  a  very  respectable 
merchant  of  Charlestown,  was  so  affected  as  to  weep,  and 
said,  '  What  !  are  we  to  give  up  the  town  at  last ! '  ' 

He  says  that  he  endeavored  to  get  a  message 
earned  from  the  Governor  and  Council  to  General 
Prevost.  Those  to  whom  he  applied  begged  to  be 


208  THE   SPEECHES 

excused ;  but  finally  he  pressed  them  into  a  cora- 
plianee.     The  message  was,  — 

"  To  propose  a  neutrality  during  the  war  between  Great 
Britain  and  America,  and  the  question  whether  the  State 
shall  belong  to  Great  Britain,  or  remain  one  of  the  United 
States,  be  determined  by  the  treaty  of  peace  between  those 
two  Powers." 

The  Governor,  it  seems,  proposed  a  neutrality ; 
proposed  to  withdraw  from  the  Confederacy,  to  de 
sist  from  resistance  to  Great  Britain,  and  leave  it  to 
the  two  Powers,  in  making  a  treaty,  to  say  whether 
they  should  remain  a  colony  of  Great  Britain  or  be 
one  of  the  United  States.  At  this  early  day  South 
Carolina  was  willing  to  go  back  and  be  subjected  to 
the  Crown  of  Great  Britain  under  King  Creorge  III. 

Mr.  WIGFALL.  I  ask  the  Senator  merely  to  per 
mit  me  to  correct  him  as  to  a  fact. 

Mr.  JOHNSON.    I  do  not  yield  the  floor. 

Mr.  WIGFALL.  I  do  not  intend  to  interrupt 
you 

Mr.  JOHNSON.    I  do  not  yield  the  floor. 

The  PRESIDING  OFFICER.1  The  Senator  from 
Tennessee  is  entitled  to  the  floor. 

Mr.  WIGFALL.  The  Articles  of  Confederation 
were  formed  in  1781  ;  that  is  all. 

Mr.  JOHNSON.  I  have  them  before  me :  "Articles 
of  Confederation  and  Perpetual  Union  "  ;  and  they 
end :  "  Done  at  Philadelphia,  in  the  State  of  Penn 
sylvania,  the  9th  day  of  July,  in  the  year  of  our 
Lord  1778." 

i  Mr.  Fitch. 


OF  ANDREW  JOHNSON.  209 

Mr.  WIG  FALL.  They  were  ratified  in  1781.  If 
you  will  read  history  and  inform  yourself,  you  will 
not  fall  into  so  many  errors :  1781  is  the  time  ;  I 
know  it. 

Mr.  JOHNSON.  I  will  just  refer  to  the  docu 
ment. 

Mr.  WIGFALL.  While  the  Senator  is  looking  over 
it,  I  will  merely  observe  that  I  made  the  correction 
out  of  kindness  to  him. 

Mr.  JOHNSON.  I  always  prefer  having  correct 
ideas,  and  selecting  my  own  sources  of  informa 
tion.  [Laughter.] 

Mr.  WIGFALL.  The  year  1781  was  the  time  the 
Articles  of  Confederation  were  ratified.  You  were 
simply  mistaken  ;  that  is  all. 

Mr.  JOHNSON.  I  do  not  accept  the  correction, 
nor  have  I  very  much  respect  for  the  motive  that 
prompted  it.  Let  that  be  as  it  may,  however,  it 
does  not  change  the  great  historical  fact  that  at  that 
day,  instead  of  holding  out  with  the  other  colonies 
who  were  members  of  the  Confederacy  and  engaged 
in  the  war,  South  Carolina  was  willing  to  enter  into 
an  agreement  of  neutrality,  and  go  back  under  the 
protection  of  King  George  III. 

I  have  another  document  that  I  wish  to  read 
from  ;  a  book  called  "  The  Remembrancer,  or  Im 
partial  Repository  of  Public  Events  for  the  year 
1780."  In  that  year  the  people  of  Charleston,  a 
large  number  of  them,  in  view  of  the  difficulties  then 
upon  the  country,  prepared  an  address,  which  I  ask 

18* 


210  THE   SPEECHES 

my  friend  from  California,  who  reads  so  much  bet 
ter  than  I  do,  to  read  for  me. 
Mr.  LATHAM  read  as  follows  :  — 

To  their  Excellencies,  SIR  HENRY  CLINTON,  Knight  of  the 
Bath,  General  of  his  Majesty's  forces,  and  MARIOT  AR- 
BURTHNOT,  Esq.,  Vice- Admiral  of  the  Blue,  his  Majesty's 
Commissioners  to  restore  peace  and  good  government  in  the 
several  colonies  in  rebellion  in  North  America: 
The  humble  address  of  divers  inhabitants  of  Charles- 
town  :  — 

The  inhabitants  of  Charlestown,  by  the  articles  of  capit 
ulation,  are  declared  prisoners  of  war  on  parole  ;  but  we, 
the  underwritten,  having  every  inducement  to  return  to 
our  allegiance,  and  ardently  hoping  speedily  to  be  read 
mitted  to  the  character  and  condition  of  British  subjects, 
take  this  opportunity  of  tendering  to  your  Excellencies  our 
warmest  congratulations  on  the  restoration  of  this  capital 
and  province  to  their  political  connection  with  the  Crown 
and  Government  of  Great  Britain  ;  an  event  which  will  add 
lustre  to  your  Excellencies'  characters,  and,  we  trust,  en 
title  you  to  the  most  distinguishing  mark  of  the  royal  favor. 
Although  the  right  of  taxing  America  in  Parliament  excited 
considerable  ferment  in  the  minds  of  the  people  of  this 
province,  yet  it  may,  with  a  religious  adherence  to  truth,  be 
affirmed  that  they  did  not  entertain  the  most  distant  thought 
of  dissolving  the  union  that  so  happily  subsisted  between 
them  and  their  parent  country  ;  and  when,  in  the  progress  of 
that  fatal  controversy,  the  doctrine  of  independency  (which 
originated  in  the  more  northern  colonies)  made  its  appear 
ance  among  us,  our  nature  revolted  at  the  idea,  and  we  look 
back  with  the  most  painful  regret  on  those  convulsions  that 
gave  existence  to  a  power  of  subverting  a  constitution  for 
which  we  always  had,  and  ever  shall  retain,  the  most  pro 
found  veneration,  and  substituting  in  its  stead  a  rank  de 
mocracy,  which,  however  carefully  digested  in  theory,  on 


OF   ANDREW  JOHNSON.  211 

being  reduced  into  practice  has  exhibited  a  system  of  ty 
rannic  domination  only  to  be  found  among  the  uncivilized 
part  of  mankind  or  in  the  history  of  the  dark  and  barbarous 
ages  of  antiquity. 

We  sincerely  lament  that,  after  the  repeal  of  those  statutes 
which  gave  rise  to  the  troubles  in  America,  the  overtures  made 
by  his  Majesty's  Commissioners,  from  time  to  time,  were  not 
regarded  by  our  late  rulers.  To  this  fatal  inattention  are  to 
be  attributed  those  calamities  which  have  involved  our  country 
in  a  state  of  misery  and  ruin  from  which,  however,  we  trust 
it  will  soon  emerge,  by  the  wisdom  and  clemency  of  his  Maj 
esty's  auspicious  Government,  and  the  influences  of  pruden 
tial  laws,  adapted  to  the  nature  of  the  evils  we  labor  under ; 
and  that  the  people  will  be  restored  to  those  privileges,  in  the 
enjoyment  whereof  their  former  felicity  consisted. 

Animated  with  these  hopes,  we  entreat  your  Excellencies' 
interposition  in  assuring  his  Majesty  that  we  shall  glory  in 
every  occasion  of  manifesting  that  zeal  and  affection  for  his 
person  and  Government  with  which  gratitude  can  inspire 
a  free  and  joyful  people. 

Charlestown,  June  5,  1780. 

[Signed  by  two  hundred  and  ten  of  the  principal  inhab 
itants.]  —  The  Remembrancer,  Part.  II.  1 780,  p.  84. 

Mr.  JOHNSON  continued :  —  It  will  be  seen,  from 
these  two  documents,  what  the  early  notions  of  the 
people  of  South  Carolina  were.  There  never  was, 
and  I  doubt  very  much  whether,  with  a  large  por 
tion  of  them,  there  ever  will  be,  any  idea  of  the 
people  governing  themselves.  They  had,  at  that 
early  day,  a  great  aversion  to  a  government  by  the 
people.  It  was  repudiated  ;  and  in  the  document 
which  has  just  been  read,  signed  by  two  hundred 
and  ten  citizens  of  Charleston,  they  proposed  to  pass 


212  THE   SPEECHES 

back  under  the  British  Government.  This  carries 
out  the  previous  proposition  to  remain  with  Great 
Britain  by  treaty  stipulation,  and  not  go  through 
the  Revolutionary  struggle  with  the  colonies  with 
whom  they  had  formed  a  confederation. 

Again  :  in  1833,  under  the  pretence  of  resistance 
to  the  operation  of  our  revenue  system  and  to  a  pro 
tective  tariff,  they  endeavored  to  break  up  the  Gov 
ernment.  They  were  overruled  then.  Their  pride 
was  wounded  by  that  failure  ;  and  their  determina 
tion  was  fixed,  whenever  it  was  in  their  power,  to 
break  up  this  Government  and  go  out  of  the  Union. 
This  feeling,  I  have  no  doubt,  has  existed  there 
from  that  period  to  the  present  time.  When  we 
turn  to  the  debates  which  recently  took  place  in  the 
South  Carolina  Convention,  we  find  that  Mr.  Maxcy 
Gregg,  Mr.  Rhett,  and  others,  said  that  their  reason 
for  going  out  of  the  Union  now  dates  as  far  back  as 
forty  years  ;  some  of  them  said  thirty  years,  and 
some  twenty.  Mr.  Gregg  said,  in  the  South  Caro 
lina  Convention,  on  the  21st  of  December  last,  — 

"  If  we  undertake  to  set  forth  all  the  causes,  do  we  not  dis 
honor  the  memory  of  all  the  statesmen  of  South  Carolina, 
now  departed,  who  commenced  forty  years  ago  a  war  against 
the  tariff  and  against  internal  improvements,  saying  nothing 
of  the  United  States  Bank,  and  other  measures,  which  may 
now  be  regarded  as  obsolete." 

Mr.  Rhett,  on  the  24th  of  December,  said,  - 

"  The  secession  of  South  Carolina  is  not  an  event  of  a  day. 
It  is  not  anything  produced  by  Mr.  Lincoln's  election,  or  by 


OF   ANDREW  JOHNSON.  213 

the  non-execution  of  the  fugitive-slave  law.     It  has  been  a 
matter  which  has  been  gathering  head  for  thirty  years." 

Hence  we  see  that  there  is  a  design  with  some  to 
break  up  this  Government  without  reference  to  the 
slavery  question  ;  and  the  slavery  question  is  by 
them  made  a  pretence  for  destroying  this  Union. 
They  have  at  length  passed  their  ordinance  of  seces 
sion  ;  they  assume  to  be  out  of  the  Union ;  they 
declare  that  they  are  no  longer  a  member  of  the 
Confederacy.  Now  what  are  the  other  States  called 
upon  to  do  ?  Are  the  other  States  called  upon  to 
make  Soutli  Carolina  an  exemplar  ?  Are  those  slave 
States  who  believe  that  freemen  should  govern  and 
that  freemen  can  take  care  of  slave  property,  to  be 
"  precipitated  into  a  revolution  "  by  following  the 
example  of  South  Carolina  ?  Will  they  do  it  ?  What 
protection,  what  security  will  Tennessee,  will  Ken 
tucky,  will  Virginia,  will  Maryland,  or  any  other 
State,  receive  from  South  Carolina  by  following  her 
example  ?  What  protection  can  she  give  them  ?  On 
the  contrary,  she  indulges  in  a  threat  towards  them 
—  a  threat  that  if  they  do  not  imitate  her  example 
and  come  into  a  new  confederacy  upon  her  terms, 
they  are  to  be  put  under  the  ban,  and  their  slave 
property  to  be  subjected  to  restraint  and  restriction. 
What  protection  can  South  Carolina  give  Tennes- 
.iee  ?  Any  ?  None  upon  the  face  of  the  earth. 

Some  of  the  men  who  are  eno-ao-ed  in  the  work 

o    o 

of  disruption  and  dissolution   want    Tennessee  and 
Kentucky  and  Virginia  to  furnish  them  with  men 


214  THE   SPEECHES 

and  money  in  the  event  of  their  becoming  engaged 
in  a  war  for  the  conquest  of  Mexico.  The  Tennes- 
seeans  and  Kentuckians  and  Virginians  are  very 
desirable  when  their  men  and  their  money  are 
wanted  ;  but  what  protection  does  South  Carolina 
give  Tennessee  ?  If  negro  property  is  endangered 
in  Tennessee,  tve  have  to  defend  it  and  take  care  of 
it  —  not  South  Carolina,  which  has  been  an  apple 
of  discord  in  this  Confederacy  from  my  earliest  rec 
ollection  to  the  present  time,  complaining  of  every 
thing,  satisfied  with  nothing.  I  do  not  intend  to  be 
invidious,  but  I  have  sometimes  thought  that  it 
would  be  a  comfort  if  Massachusetts  and  South  Car 
olina  could  be  chained  together  as  the  Siamese  twins, 
separated  from  the  continent,  and  taken  out  to  some 
remote  and  secluded  part  of  the  ocean,  and  there 
fast  anchored,  to  be  washed  by  the  waves,  and  to 
be  cooled  by  the  winds ;  and  after  they  had  been 
kept  there  a  sufficient  length  of  time,  the  people  of 
the  United  States  might  entertain  the  proposition 
of  taking  them  back.  [Laughter.]  They  have 
been  a  source  of  dissatisfaction  pretty  much  ever 
since  they  entered  the  Union  ;  and  some  experi 
ment  of  this  sort,  I  think,  would  operate  benefi 
cially  upon  them  ;  but  as  they  are  here,  we  must 
try  to  do  the  best  we  can  with  them. 

REPLY    TO    MR.    LANE. 

So  much,  Mr.  President,  for  South  Carolina  and 
Louisiana  in  this  struggle.     I  do  not  think  they  are 


OF   ANDREW  JOHNSON.  215 

setting  examples  very  worthy  of  imitation.  But, 
sir,  the  speech  that  I  made  on  the  19th  of  Decem 
ber  seems  to  have  produced  some  little  stir ;  and 
among  other  distinguished  Senators,  the  Senator 
from  Oregon  ]  felt  it  his  duty,  late  in  the  evening, 
to  make  a  reply  to  me.  I  do  not  see  why  it  was 
called  for  from  the  Senator  from  Oregon.  I  did 
not  know  that  I  had  said  anything  that  was  of 
fensive  to  him ;  it  was  not  my  intention  to  do  so ; 
it  was  an  inadvertence,  if  I  did.  I  felt  that  I  had 
just  come  out  of  a  campaign  in  which  I  had  labored 
hard,  and  in  which  I  had  expended  my  money  and 
my  time  in  vindicating  him  and  the  present  Vice- 
President,  who  was  a  candidate  for  the  Presidency, 
from  the  charge  of  favoring  secession  and  disunion. 
Through  the  dust  and  heat,  through  the  mud  and 
rain,  I  traversed  my  State,  meeting  the  charge  of 
the  Opposition  that  secession  was  at  the  bottom  of 
this  movement ;  that  there  was  a  fixed  design  and 
plan  to  break  up  this  Government ;  that  it  started 
at  Charleston,  and  was  consummated  at  Baltimore  ; 
and  the  charge  was  made  that  rny  worthy  friend  — 
if  I  may  be  permitted  to  call  him  such  ;  I  thought 
I  was  his  friend  then  —  was  the  embodiment  of  dis 
union  and  secession.  I  met  the  charge.  I  denied 

o 

it.  I  repudiated  it.  I  tried  to  convince  the  people 
—  and  I  think  I  did  succeed  in  convincing  some  of 
them  —  that  the  charge  was  untrue  ;  and  that  he 
and  Mr.  Breckinridge  were  the  two  best  Union  men 
in  the  country.  I  did  not  see  what  there  was  in  my 
i  Mr.  Lane. 


216  THE   SPEECHES 

speech  that  should  extort  reply  from  him,  who  re 
sided  away  North.  I  had  not  come  in  conflict  with 
anything  that  he  had  said  or  done.  When  he  was 
striking  these  blows  at  me  without  cause,  I  thought 
it  was,  at  least,  unkind.  I  may  not  have  defended 
him  to  his  entire  satisfaction.  It  so  turned  out  that 
we  were  unfortunate  ;  we  were  defeated ;  but  I  was 
willing  to  stand  like  a  man  ;  to  stand  upon  the  Con-/ 
stitution  and  the  Union,  and,  if  I  must  fall,  fall 
decently.  After  I  had  gone  through  the  canvass  ; 
after  I  had  defended  the  Senator,  and  sustained  him 
with  my  voice  and  my  vote,  I  thought  it  was  strange 
that  he  should  attack  me  in  the  manner  he  did.  I 
felt  like  replying  to  him,  on  the  spur  of  the  occa 
sion  ;  but  it  was  late  in  the  evening,  and  by  the 
time  he  had  concluded,  the  Senate  was  tired  out, 
and  I  declined  going  on.  I  preferred  to  let  it  pass, 
and  submit  to  all  the  wrong  and  injury  inflicted 
upon  me.  In  his  speech  upon  that  occasion,  the 
Senator  from  Oregon  made  use  of  the  following 
language  :  — 

"  He  [alluding  to  myself]  has  spoken  very  handsomely  of 
the  gallant  conduct  of  that  glorious  band,  the  Northern  De 
mocracy  of  the  country,  who,  though  in  a  minority  at  home, 
have  struggled  for  the  rights  of  their  Southern  brethren  — 
for  the  equality  and  rights  of  all  the  States.  I  belong  to 
that  portion  of  the  people  of  this  country ;  and  I  will  say 
to  that  honorable  gentleman  that  while  they  struggle  for  the 
constitutional  rights  of  the  other  States  of  the  Union,  as 
they  have  always  done,  and  as  they  will  continue  to  do,  thero 
is  one  thing  that  they  will  not  do  :  they  will  not  march  under 


OF   ANDREW   JOHNSON.  217 

his  banner  to  strike  down  a  gallant,  chivalrous,  and  generous 
people,  contending  for  rights  that  have  been  refused  them  by 
the  other  States  of  this  Union.  They  will  not  march  with 
him  under  his  bloody  banner,  or  Mr.  Lincoln's,  to  invade  the 
soil  of  the  gallant  State  of  South  Carolina  when  she  may 
withdraw  from  a  Confederacy  that  has  refused  her  that 
equality  to  which  she  is  entitled,  as  a  member  of  the  Union, 
under  the  Constitution.  On  the  contrary,  when  he  or  any 
other  gentleman  raises  that  banner  and  attempts  to  subjugate 
that  gallant  people,  instead  of  marching  with  him,  we  will 
meet  him  there,  ready  to  repel  him  and  his  forces.  He  shall 
not  bring  with  him  the  Northern  Democracy  to  strike  down 
a  people  contending  for  rights  that  have  been  refused  them 
in  a  Union  that  ought  to  recognize  the  equality  of  every 
member  of  the  Confederacy." 

I  do  not  know  that  I  used  any  argument  that 
should  have  caused  a  reply  like  that.  Did  anybody 
hear  me  use  the  term  "  bloody  banner"?  Did  any 
body  hear  me  talk  about  marching  down  upon  South 
Carolina  ?  Did  anybody  hear  me  speak  about  co 
ercing  a  State  ?  No. 

& 

Mr.  LAXE.     Will  the  Senator  allow  me  a  word  ? 

Mr.  JOHXSOX.  I  would  rather  go  on,  sir.  Why, 
then,  answer  positions  I  did  not  assume,  or  attribute 
to  me  language  that  I  did  not  use  ?  Was  it  in  the 
speech  ?  Xo.  Why,  then,  use  language  and  assign 
a  position  to  me  which,  if  not  intended,  was  cal 
culated  to  make  a  false  impression  ?  What  called 
it  forth  ?  What  reason  was  there  for  it  ?  I  saw  the 
consternation  which  was  created.  I  looked  at  sonne 
of  their  faces.  I  knew  that  I  had  stirred  up  ani 
mosity,  and  it  was  important  that  somebody  from 

19 


218  THE  SPEECHES 

another  quarter  should  make  the  attack.  If  the 
attack  had  been  upon  what  I  said  or  upon  the  posi 
tion  I  had  assumed,  I  should  have  no  cause  to  com 
plain  ;  and  I  do  not  complain  now.  Sir,  though 
not  very  old,  I  have  lived  down  some  men.  I  have 
survived  many  misrepresentations.  I  feel  that  I 
have  a  conscience  and  a  heart  that  will  lead  me  to 
do  it  ao-ain.  But  when  I  had  said  nothing,  when  I 

&  O' 

had  done  nothing,  to  be  struck  by  him  whom  I  have 
vindicated,   I   might  well   have  exclaimed,   "  That 
was  the  unkindest  cut  of  all." 
Again  :  the  Senator  said,  — 

"  If  it  should  come  unfortunately  upon  this  country,  in 
augurated  by  a  tyrant,  who  would  like  to  conquer  and  hold 
American  citizens  as  vassals,  then  I  will  say  to  that  coward 
who  would  do  it,  '  You  will  walk  over  your  humble  servant's 
body  first.'  I  shall  never  cooperate  with  any  portion  of  this 
country,  North  or  South,  that  would  strike  down  a  people 
contending  for  their  rights." 

I  march  down  upon  South  Carolina  !  Did  I  pro 
pose  any  such  thing  ?  No.  War  is  not  the  natural 
element  of  my  mind  ;  and,  as  I  stated  in  that  speech, 
my  thoughts  were  turned  on  peace,  and  not  on  war. 
I  want  no  strife.  I  want  no  war.  In  the  language 
of  a  denomination  that  is  numerous  in  the  country, 
I  may  say  I  hate  war  and  love  peace.  I  belong  to 
the  peace  party.  I  thought,  when  I  was  making 
that  speech,  that  I  was  holding  out  the  olive-branch 
of  peace.  I  wanted  to  give  quiet  and  reconciliation 
to  a  distracted  and  excited  country.  That  was  the 


OF  ANDREW  JOHNSON.  219 

object  I  bad  in  view.  War,  I  repeat,  is  not  tbe 
natural  element  of  my  mind.  I  would  rather  wear 
upon  my  garments  tbe  dinge  of  tbe  shop  and  tbe 
dust  of  the  field,  as  badges  of  tbe  pursuits  of  peace, 
than  tbe  gaudy  epaulet  upon  my  shoulder,  or  a 
sword  dangling  by  my  side,  with  its  glittering  scab 
bard,  tbe  insignia  of  strife,  of  war,  of  blood,  of  car 
nage  ;  sometimes  of  honorable  and  glorious  war. 
But,  sir,  I  would  rather  see  the  people  of  the  United 
States  at  war  with  every  other  Power  upon  the 
habitable  globe,  than  to  be  at  war  with  each  other. 
If  blood  must  be  shed,  let  it  not  be  shed  by  the 
people  of  these  States,  the  one  contending  against 
the  other. 

But  tbe  Senator  went  on  still  further  in  that  dis 
cussion.  Why  it  was  necessary  to  follow  up  his 
attack  upon  me,  I  cannot  tell.  Alluding  to  the 
Senator  from  Tennessee,  he  said,  — 

"  He  took  occasion  to  give  an  account  of  the  action  of  the 
Senate  upon  certain  resolutions  introduced  here,  setting  forth 
the  principles  that  were  made  the  issue  in  the  late  contest, 
and  that  were  overridden  and  trodden  down.  He  called  the 
attention  of  the  Senate  to  a  proposition  introduced  by  the 
honorable  Senator  from  Mississippi  *  to  declare  that  now  is 
the  time  for  action ;  that  a  law  ought  to  be  passed  at  this 
time  protecting  property  in  the  Territories.  Though  it  was 
my  opinion  then  that  it  would  have  been  well  to  pass  such 
a  law,  yet  that  Senator  knew,  and  so  did  every  other  one, 
that  it  was  impossible  in  this  Congress  to  pass  such  a  law. 
We  might  have  passed  such  a  bill  through  this  body,  but  it 
could  never  have  passed  the  other.  Then  it  was  our  duty, 
1  Mr.  Brown. 


220  THE  SPEECHES 

as  it  was  our  privilege,  to  set  forth  the  principles  on  which 
this  Government  reposed,  and  which  must  be  maintained,  or 
the  Government  cannot  exist.  They  were  the  principles 
upon  which  this  great  battle  was  fought,  that  resulted  in 
the  election  of  Mr.  Lincoln." 

Before  I  take  up  that  proposition  in  connection 
with  what  I  said  before,  I  wish  to  say  here  that, 
had  the  Senator  avowed  the  doctrine  prior  to  the 
last  presidential  election  that  he  avowed  here  in 
reply  to  me,  expressing  his  secession  and  disunion 
sentiments,  I  give  it  as  my  opinion  that  he  could 
not  have  obtained  ten  thousand  votes  in  the  State 
of  Tennessee  in  the  last  election,  and  I  think  I 
know  what  I  say.  I  give  that,  however,  simply 
as  my  opinion. 

But  to  come  back  to  the  point  at  which  the  Sen 
ator  speaks  of  the  resolutions  introduced  by  the 
Senator  from  Mississippi.1  I  had  referred  to  those 
resolutions  to  show  that  there  was  no  occasion  for 
this  immediate  secession  without  giving  the  people 
time  to  think  or  understand  what  was  to  be  done. 
I  thought  so  then,  and  I  think  so  now  ;  and  I  want 
to  show  what  the  Senator's  views  were  then,  and 
see  what  has  brought  about  such  a  change  upon 
his  mind  since.  We  find  that  while  those  resolu 
tions  were  under  consideration,  Mr.  CLINGMAN  of 
fered  an  amendment,  to  come  in  after  the  fourth 
resolution,  to  insert  the  following :  — 

"  Resolved,  That  the  existing  condition  of  the  Territories 
1  Mr.  Davis. 


OF  ANDREW  JOHNSON.  221 

of  the  United  States  does  not  require  the  intervention  of 
Congress  for  the  protection  of  property  in  slaves. 

"On  the  question  to  agree  to  the  amendment  proposed 
by  Mr.  BKOWN,  to  wit:  Strike  out  of  the  amendment  the 
word  '  not,' 

"  It  was  determined  in  the  negative  —  y^as  five,  nays  forty- 
three." 

Now,  by  striking  out  the  word  "  not,"  it  makes 
the  resolution  read,  — 

u  Revolved,  That  the  existing  condition  of  the  Territories 
of  the  United  States  does  require  the  intervention  of  Con 
gress  for  the  protection  of  property  in  slaves." 

Mr.  BROWX  of  Mississippi  moved  to  strike  out 
the  word  "  not,"  thereby  making  it  read  that  the 
condition  of  the  Territories  does  require  the  pro 
tection  of  Congress  for  slave  property ;  and  upon 
the  yeas  and  nays  being  taken  on  that  motion  to 
strike  out  the  word  "  not,"  there  were  —  yeas 
five,  nays  forty-three. 

"  On  motion  of  Mr.  CLINGMAN, 

"  The  yeas  and  nays  being  desired  by  one  fifth  of  the 
Senators  present,  — 

"  Those  who  voted  in  the  affirmative  are  :  Messrs.  Brown, 
Clay,  Iverson,  Johnson  of  Arkansas,  Yulee. 

"  Those  who  voted  in  the  negative  are  :  Messrs.  Benjamin, 
Bigler,  Bingham,  Bragg,  Bright,  Chandler,  Chesnut,  Clark, 
Clingman,  Collamer,  Crittenden,  Davis,  Dixon,  Doolittle, 
Fitzpatrick,  Foot,  Green,  Gwin,  Hale,  Hamlin,  Hammond, 
Hemphill,  Hunter,  Johnson  of  Tennessee,  Kennedy,  Lane, 
Latham,  Mallory,  Mason,  Nicholson,  Pearce,  Polk,  Powell, 
Pugh,  Rice,  Sebastian.  Slidell,  Ten  Eyck,  Toombs,  Trumbull, 
Wade,  Wigfall,  Wilson." 

Thus,   forty-three   Senators  recorded  their  vote 

19* 


222  THE  SPEECHES 

during  the  last  session  of  Congress  that  it  was 
not  necessary  to  pass  a  law  to  protect  slavery  in 
the  Territories.  The  Senator  from  Oregon,  in 
connection  with  other  Senators,  under  the  solemn 
sanction  of  an  oath,  declared  that  it  was  not  neces 
sary  to  pass  laws  for  the  protection  of  slavery  in 
the  Territories.  What  right  has  South  Carolina 
lost  since  the  last  session  ?  What  right  has  any 
State  lost  since  the  last  session  of  Congress?  You 
declared  that  it  was  not  necessary  to  pass  a  law  to 
protect  them  in  the  enjoyment  of  their  property  in 
the  Territories;  and  now,  forsooth,  in  the  short 
space  of  two  or  three  moons,  you  turn  around  and 
tell  the  country  that  States  are  justified  in  going 
out  of  the  Union  because  Congress  will  not  pass  a 
law  to  protect  them  in  the  enjoyment  of  their  prop 
erty  in  the  Territories,  when  you  said  it  was  not 
necessary !  That  is  what  I  call  driving  the  nail  in. 
[Laughter.]  I  will  remark,  as  I  go  along,  that 
the  eloquent  and  distinguished  Senator  who  made 
his  valedictory  here  yesterday,  on  retiring  from  the 
Senate,  voted  for  that  identical  resolution.  This 
protection  was  not  necessary  then.  They  said  it 
was  wholly  unnecessary.  But  since  that  they  have 
waked  up  to  a  sense  of  its  necessity,  and  resolved 
to  secede  if  it  should  not  be  granted.  To  this 
same  proposition  Mr.  ALBERT  G.  BROWN  offered  an 
amendment.  Mark  you,  this  is  the  25th  day  of 
May,  1860  ;  and  that  is  not  long  ago. 

"  On  motion  by  Mr.  BROWN,  to  amend  the  resolution  by 


OF  ANDREW  JOHNSON.  223 

striking  out  all  after  the  word  '  resolved,'  and  in  lieu  thereof, 
inserting :  " 

I  wish  I  had  the  whole  continent  here  to  hear 
this  paragraph :  — 

"  That  experience  having  already  shown  that  the  Constitu 
tion  and  the  common  law,  unaided  by  statutory  enactment, 
do  not  afford  adequate  and  sufficient  protection  to  slave  prop 
erty  ;  some  of  the  Territories  having  failed,  others  having 
refused  to  pass  such  enactments,  it  has  become  the  duty  of 
Congress  to  interpose  and  pass  such  laws  as  will  afford  to  slave 
property  in  the  Territories  that  protection  which  is  given  to 
other  kinds  of  property." 

That  is  a  pretty  clear  proposition.  Upon  thai, 
Mr.  BROWN  made  an  argument,  showing  the  num 
ber  of  slaves  in  the  Territories,  and  the  action  of 
the  Legislatures,  and  concluded  that  if  the  time 
ever  would  arrive,  it  was  then  before  Congress, 
and  they  should  pass  a  law  on  the  subject.  What 
was  the  vote  upon  that?  How  does  it  stand? 
We  find,  after  an  argument  being  made  by  Mr. 
BROWN,  showing  that  the  necessity  did  exist,  ac 
cording  to  his  argument,  the  vote  upon  the  prop 
osition  stood  thus:  The  question  being  taken  by 
yeas  and  nays,  it  was  determined  in  the  negative  — 
yeas  three,  nays  forty-two. 

Forty-two  Senators  voted  that  you  did  not  need 
protection  ;  that  slavery  was  not  in  danger. 

"  The  yeas  and  nays  being  desired  by  one  fifth  of  the 
Senators  present,  — 

"  Those  who  voted  in  the  affirmative  are :  Messrs.  Brown, 
Johnson  of  Arkansas,  Mallory." 


224  THE  SPEECHES 

There  were  only  three.  Who  said  it  was  not 
necessary  ?  Who  declared,  under  the  solemn  sanc 
tion  of  an  oath,  that  protection  was  not  needed  ? 

"  Those  who  voted  in  the  negative,  are :  Messrs.  Benja 
min," — 

Ah  !     Yes ;  BENJAMIN  !  — 

"Bigler,  Bragg,  Bright,  Chesnut,  Clark,  Clay,  Clingman, 
Crittenden,  Davis,  Dixon,  Doolittle,  Fitzpatrick,  Foot, 
Foster,  Green,  Grimes,  Gwin,  Hamlin,  Harlan,  Hemphill, 
Hunter,"  — 

HUNTER  of  Virginia,  also !  — 
44  Iverson,  Johnson  of  Tennessee,  Lane." 

Ah !  [Laughter.]  Yes,  LANE  of  Oregon  voted 
on  the  25 tli  day  of  last  May,  that  slavery  did  not 
need  protection  in  the  Territories.  Now  he  will  get 
up  and  tell  the  American  people  and  the  Senate  that 
he  is  for  a  State  seceding,  and  for  breaking  up  the 
Government,  because  they  cannot  get  what  he  swore 
they  did  not  need.  [Laughter.]  That  is  what  I  call 
putting  the  nail  through.  [Laughter  in  the  gal 
leries.] 

The  PRESIDING  OFFICER.1  The  galleries  must 
preserve  order. 

Mr.  JOHNSON  continued  :  —  Then,  after  voting 
that  it  was  not  necessary  to  have  a  proposition 
to  protect  slavery  in  the  Territories,  the  original 
proposition,  as  amended,  was  adopted  by  a  vote 
of  thirty-five  yeas  to  two  nays ;  thus  voting  all  the 
way  through,  even  to  the  final  action  of  the  Senate, 

*  1  Mr.  Fitch  in  the  chair. 


OF  ANDREW  JOHNSON.  225 

that  no  such  protection  was  necessary.  You  have 
not  got  protection,  your  rights,  your  "equality"; 
and  you  tell  me  now  by  your  position  that  I  have 
done  you  injustice  by  defending  you  against  the 
charge  that  you  were  in  favor  of  a  dissolution  of  the 
Union !  Even  if  you  approved  it,  it  would  only 
show  that  I  was  mistaken.  I  was  deceived  then  ; 
that  was  your  fault;  if  deceived  again,  the  fault 
will  be  mine.  I  assumed,  on  that  occasion,  in 
reference  to  the  act  of  ratification  of  the  Consti 
tution  by  the  State  of  Virginia,  that  so  far  as  I 
was  capable  of  examining  it,  Virginia  had  made 
no  reservation,  no  condition,  in  her  ratification  of 
the  Constitution  of  the  United  States.  I  had  ex 
amined  the  question ;  I  had  looked  at  all  th& 
authorities  that  could  be  found  upon  the  subject, 
and  I  could  find  no  warrant  for  the  assertion  ;  but 
still  the  Senator  from  Oregon,  in  his  reply  to  me, 
spoke  with  great  familiarity  of  the  proceedings  of 
that  convention  ratifying  the  Constitution,  as 
though  he  understood  it ;  and  with  great  con 
fidence  said  it  had  made  a  reservation.  I  will 
read  what  he  said  :  — 

"  That  gallant  old  State  of  Virginia,  that  glorious  Old 
Dominion,  made  a  condition  upon  which  she  adopted  the 
Constitution.  It  became  a  portion  of  the  compact.  And 
not  only  Virginia,  but  New  York,  made  the  same  condition 
when  she  adopted  the  Constitution  ;  and  Rhode  Island  also." 

He  spoke  with  great  confidence  in  this  reply  to 
me.  He  then  said  :  — 


226  THE  SPEECHES 

"  Now,  I  would  ask  the  honorable  Senator  from  Tennessee, 
if  the  time  has  not  arrived  when  these  States  ought  to  resume 
the  powers  conferred  on  a  Federal  Government ;  or  if  it  has 
not,  I  should  like  to  know  when  the  time  can  come." 

After  declaring  under  the  solemn  sanction  of  an 
oath  that  no  protection  was  needed,  and  nothing 
else  has  since  transpired,  he  wants  to  know  when 
the  time  will  come,  if  it  has  not  come,  that  they 
will  be  justified  in  breaking  up  this  Confederacy? 
I  saw  a  good  deal  of  the  confusion  manifested  here 
that  evening ;  authorities  were  hunted  up,  para 
graphs  marked,  and  leaves  turned  down ;  all,  I 
suppose,  to  facilitate  the  intended  attack.  Some 
times  a  man  had  a  great  deal  better  read  and 
understand  a  question  for  himself  before  lie  hazards 
an  opinion.  I  will  not  say  that  that  is  the  case 
with  the  honorable  Senator,  for  I  should  proceed 
upon  the  idea  that  he  was  laboring  under  the  im 
pression  that  he  understood  it  exactly.  It  is  not  a 
very  uncommon  occurrence  to  be  mistaken.  Some 
times  the  mistake  results  from  a  want  of  exam 
ination  ;  sometimes  from  an  incapacity  to  under 
stand  the  subject,  and  various  other  causes.  So 
it  is  that  it  occurs  very  frequently  we  labor  under 
false  impressions.  We  find,  when  we  come  to 
examine  this  subject  of  the  ratification  of  the  Con 
stitution  by  Virginia,  that  a  committee  was  ap 
pointed  in  the  convention  of  Virginia,  and  that 
that  committee  reported  a  set  of  resolutions.  They 


OF  ANDREW  JOHNSON.  227 

reported  one  resolution  in   lieu  of  the    preamble. 
That  resolution  is  as  follows  :  — 

"  Resolved,  That  previous  to  the  ratification  of  the  new 
Constitution  of  Government  recommended  by  the  late  Fed 
eral  Convention,  a  declaration  of  rights,  asserting  and  secur 
ing  from  encroachment  the  great  principles  of  civil  and 
religious  liberty,  and  the  inalienable  rights  of  the  people, 
together  with  amendments  to  the  most  exceptionable  parts 
of  the  said  Constitution  of  Government,  ought  to  be  referred 
by  this  convention  to  the  other  States  in  the  American  Con 
federacy  for  their  consideration."  1 

Here  was  a  proposition  making  conditions ;  and 
upon  a  vote  to  adopt  this  amendment  it  was  voted 
down  —  ayes  eighty,  noes  eighty-eight.  Then 
what  follows?  The  committee  reported  an  ordi 
nance  adopting  the  Constitution  of  the  United 
States  ;  but  in  their  ordinance  they  go  on  and 
make  a  kind  of  preamble,  or  a  whereas,  a  decla 
ration  as  to  their  understanding  —  not  conditions, 
not  reservations  —  but  a  declaration  of  their  un 
derstanding.  What  do  they  say  ? 

"  We,  the  delegates  of  the  people  of  Virginia,  duly  elected 
in  pursuance  of  a  recommendation  from  the  General  As 
sembly,  and  now  met  in  convention,  having  fully  and  freely 
investigated  and  discussed  the  proceedings  of  the  Federal 
Convention,  and  being  prepared  as  well  as  the  most  mature 
deliberations  hath  enabled  us,  to  decide  thereon,"  — 

Now,  mark  you, — 

"  do,  in  the  name  and  in  the  behalf  of  the  people  of  Vir 
ginia,  declare   and    make   known,  that   the   powers  granted 

1  EllioCs  Dtbatt*.  Vol.  III.  p.  653. 


228  THE  SPEECHES 

under  the  Constitution,  being  derived  from  the  people  of 
the  United  States,  be  resumed  by  them  whensoever  the 
same  shall  be  perverted  to  their  injury  or  oppression."  l 

They  declare,  in  behalf  of  Virginia,  that  the 
powers  of  the  Constitution  are  derived  from  the 
people  of  the  United  States,  to  "be  resumed  by 
them  whenever  they  shall  be  converted  to  their 
injury  or  oppression."  Who  is  to  resume  them  ? 
The  people  of  the  United  States.  That  idea  was 
always  inculcated  by  James  Madison.  What  more 
do  they  say  ?  This  is  not  the  ratifying  clause. 
They  say, — 

"  With  these  impressions,"  — 

Not  these  conditions,  not  these  reservations,  — 

"  With  these  impressions,  with  a  solemn  appeal  to  the 
Searcher  of  hearts,  for  the  purity  of  our  intentions,  and 
under  the  conviction  that  whatsoever  imperfections  may 
exist  in  the  Constitution  ought  rather  to  be  examined  in 
the  mode  prescribed  therein,  than  to  bring  the  Union  into 
danger  by  delay  with  a  hope  of  obtaining  amendments  pre 
vious  to  the  ratification," 

Now  comes  the  ordinance  of  adoption  ;  and 
what  is  it? 

"  We,  the  said  delegates,  in  the  name  and  behalf  of  the 
people  of  Virginia,  do,  by  these  presents,  assent  to  and  ratify 
the  Constitution,  recommended  on  the  1  7th  day  of  September, 
1787,  by  the  Federal  Convention,  for  the  Government  of  the 
United  States ;  hereby  announcing  to  all  whom  it  may  concern 
that  the  said  Constitution  is  binding  upon  the  said  people, 
according  to  an  authentic  copy  hereunto  annexed  in  the 
words  following."  2 

l  EltioVs  Debates,  Vol.  III.  p.  656.  2  Idem. 


OF  ANDREW  JOHNSON.  229 

Is  there  any  reservation  or  condition  there  ?  It 
seems  to  me  that  the  sight  of  a  man  would  be 

O 

tolerably  keen  that  could  see  a  condition  there. 
When  was  this  ?  We  find  that  Virginia  adopted 
that  on  Tuesday,  June  26,  1788.  When  did  South 
Carolina  come  into  the  Union  ?  Before  Virginia 
did.  If  Virginia  made  a  condition.  South  Caro 
lina  was  already  in.  How  many  States  were  in  ? 
The  covenant  was  formed  and  had  been  ratified 
by  nine  States  before  Virginia  came  into  the  Union. 
The  idea  of  Virginia  appending  conditions  after 
the  Government  was  formed  and  the  Constitution 
ratified  by  nine  States  ! 

But,  to  make  this  thing  more  clear,  Mr.  Madison, 
while  in  New  York,  received  a  letter  from  Mr. 
Hamilton,  stating  that  he  had  some  doubts  as  to 
the  ratification  of  the  Constitution  by  New  York  ; 
that  they  wanted  some  conditions,  and  one  condi 
tion  was,  that  they  might  have  the  privilege  to 
recede  within  five  or  seven  years  in  the  event  cer 
tain  amendments  were  not  adopted  to  the  Consti 
tution.  I  should  have  remarked,  before  passing 
to  this,  that  they  adopted  it,  not  wanting  delay, 
and  then  went  in  the  same  committee  to  report  a 
long  list  of  amendments  to  be  submitted,  and  some 
of  them  were  ratified  afterwards  by  the  different 
States.  Mr.  Madison  writes,  in  reply  to  Mr.  Ham 
ilton,  and  tells  him,  if  the  Constitution  is  adopted, 
it  must  be  adopted  in  toto,  without  reservation  or 
condition.  I  am  inclined  to  think  Mr.  Madison  had 

20 


200  THE  SPEECHES 

some  idea  of  this  ordinance.  I  think  he  understood 
it.  Here  is  his  letter.  That  ordinance  was  adopted 
in  Virginia  on  June  26,  1787,  and,  in  reply  to 
Mr.  Hamilton,  in  the  following  July,  Mr.  Madison 
said,  — 

"  The  idea  of  reserving  a  right  to  withdraw  was  started  at 
Richmond,  and  considered  as  a  conditional  ratification,  which 
was  itself  abandoned  as  worse  than  a  rejection." 

Does  not  that  show  that  I  have  put  the  correct 
interpretation  upon  it  ?  James  Madison  under 
stood  it  as  being  an  abandonment.  I  would  as 
soon  rely  upon  his  construction  of  the  ordinance 
that  brought  Virginia  into  the  Union  as  I  would 
on  that  of  the  distinguished  Senator  from  Oregon. 
I  am  inclined  to  think  he  was  quite  as  familiar 
with  the  history  of  that  transaction  and  with  the 
whole  subject  as  the  Senator  from  Oregon,  with 
all  his  familiarity  and  astuteness  on  the  subject. 
So  much  in  answer  to  that  portion  of  the  Sena 
tor's  argument.  We  find,  upon  an  examination, 
as  I  before  remarked,  that  nine  States  had  ratified 
the  Constitution  before  Virginia  came  in.  New 
York,  North  Carolina,  and  Rhode  Island  came  in 
afterwards.  Mr.  Madison  so  understood  it.  The 
fathers  of  the  Republic  so  understood  it.  The 
country  so  understand  it.  Common  sense  so  un 
derstands  it.  Practicability  so  understands  it. 
Everything  that  pertains  to  the  preservation  and 
salvation  of  the  Government  so  understands  it,  as 
contradistinguished  from  the  admission  of  this 
doctrine  of  secession. 


OF  ANDREW   JOHNSON.  231 

But  let  us  progress  a  little  further.  The  Gov 
ernment  was  formed  ;  the  Constitution  was  rati 
fied  ;  and  after  the  Constitution  was  ratified  and 
the  Government  in  existence,  there  is  provision 
made,  for  what  ?  "  New  States  may  be  admitted 
by  the  Congress  into  this  Union."  These  are 
the  words  of  the  Constitution.  Congress  has  the 
power  to  prescribe  the  terms  and  conditions  of 
admission  of  a  new  State  into  the  Union  ;  and  in 
the  discretion  of  Congress,  they  are  admitted  upon 
an  equal  footing  with  the  other  States.  It  being 
an  express  grant  to  admit,  I  say  the  Federal  Gov 
ernment  can  exercise  incidents  that  are  necessary 
and  proper  to  carry  the  admission  of  States  into 
existence  upon  such  a  basis  as  they  believe  the 
good  of  the  Government  demands.  I  am  not  so 
sure  but  the  admission  of  a  new  State  is  placed 
upon  a  different  ground  from  that  of  one  of  the 
original  States  ratifying  the  Constitution.  As  the 

&  */  C? 

Senator  seems  to  be  so  familiar  with  things  of  this 
sort,  I  will  refer  to  the  act  admitting  the  State  of 
Alabama  :  — 

An  act  to  enable  the  people  of  Alabama  Territory  to  form 
a  Constitution  and  State  Government,  and  for  the  admission 
of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States.  (Approved  March  2,  1819.) 

Be  it  enacted,  &fc.,  That  the  inhabitants  of  the  Territory 
of  Alabama  be,  and  they  are  hereby,  authorized  to  form  for 
themselves  a  Constitution  and  State  Government,  and  to  as 
sume  such  name  as  they  may  think  proper ;  and  that  the 
said  Territory,  when  formed  into  a  State,  shall  be  admitted 


232  THE  SPEECHES 

into  the    Union   upon    the    same    footing    with   the    original 
States,  in  all  respects  whatever. 

Here  is  the  ordinance  of  Alabama  accepting  the 
terms  of  the  above  act,  passed  2d  August,  1819  :  — 

"  This  convention,  for  and  in  behalf  of  the  people  inhab 
iting  this  State,  do  accept  the  propositions  offered  by  the 
act  of  Congress  under  which  they  are  assembled ;  and  this 
convention,  for  and  in  behalf  of  the  people  inhabiting  this 

State,  do  ordain,  agree,  and  declare." 

"  And  this  ordinance  is  hereby  declared  irrevocable  without 
the  consent  of  the  United  States." 

This  act  was  declared  irrevocable.  They  agreed 
to  the  conditions  offered  to  them  in  the  act  of  Con 
gress  with  reference  to  the  public  lands  and  other 
subjects,  and  then  the  ordinance  of  coining  into  the 
Union  was  declared  irrevocable  without  the  con 
sent  of  the  United  States.  Congress  then  passed 
an  act  accepting  them  upon  the  terms  they  im 
posed.  That  was  the  compact.  What  has  been 
done  to  Alabama  ?  What  great  complaint  has  she  ? 
Why  should  she  leave  the  Union  in  such  hot 
haste  ? 

So  much  for  that,  sir.  In  the  remarks  that  I 
ma^Je  when  I  last  addressed  the  Senate,  I  referred 
to  the  Constitution  of  the  State  of  Tennessee, 
which  was  adopted  in  1796,  and  their  Bill  of  Rights, 
in  which  they  declare  that  they  would  never  sur 
render  or  give  up  the  navigation  of  the  Missis 
sippi  to  any  people.  The  Senator  from  Oregon, 
or  that  occasion,  in  reply  to  me,  used  the  follow 
ing  language  :  — 


OF  AXDREW  JOHNSON.  233 

"  Then  he  is  concerned  about  the  navigation  of  the  Mis 
sissippi  River.  He  says  that  the  great  State  of  Tennessee 
and  he,  himself,  are  concerned  about  the  navigation  of  that 
river.  I  believe  it  is  recognized  as  the  law  of  nations,  as  the 
law  of  all  civilized  nations,  that  a  great  inland  sea  running 
through  several  Governments  shall  be  open  equally  to  all  of 
them ;  and  besides,  as  the  honorable  Senator  from  Louisiana- 
said,  there  is  no  man  in  Louisiana  that  would  think  for  a 
moment  of  depriving  Tennessee  of  the  right  of  navigating 
that  great  river.  No,  sir,  nor  Kentucky  either,  nor  Indiana, 
nor  Illinois,  nor  any  other  State  whose  waters  flow  into  that 
mighty  stream.  No  such  thing  would  ever  be  done." 

That  was  the  Senator's  declaration  then,  that 
nobody  would  question  the  right  of  those  States 
to  navigate  that  great  inland  sea.  He  seemed  to 
show  great  familiarity  with  international  law.  I 
took  it  for  granted  that  he  had  read  Grotius  and 
Wheaton  upon  international  law,  and  all  the  other 
authorities  on  the  subject,  for  he  spoke  about  it 
with  great  familiarity,  as  if  he  understood  it  well. 
How  does  the  matter  stand,  sir  ?  Before  the 
printer's  ink  that  impressed  his  speech  upon  the 
paper  is  dry,  we  find  an  ordinance  passed,  as  I 
remarked  before,  by  the  State  of  Louisiana,  de- 
clarin<r  negatively  that  she  has  the  riirht  to  control 

O  O  «/  v3 

the  navigation  of  that  river  under  her  act  of  se 
cession.  If  the  Senator  had  put  himself  to  the 
trouble,  as  I  presume  he  did,  or  ought  to  have 
done,  to  examine  this  subject,  he  would  have  found 
that  the  navigation  of  the  Mississippi  River  has  been 
a  subject  of  negotiation  for  years  upon  years.  He 
would  have  fourrd  that  the  navigation  of  various 

20* 


234  THE   SPEECHES 

rivers  tlirougliout  the  world  has  been  the  subject 
of  long,  angry,  and  contested  negotiation.  While 
upon  this  point,  I  desire  to  present  to  the  Senate 
an  extract  from  a  leading  authority  on  this  sub 
ject.  I  read  from  Wheaton's  "  Elements  of  Inter 
national  Law  "  :  — 

"  The  territory  of  the  State  includes  the  lakes,  seas,  and 
rivers  entirely  enclosed  within  its  limits.  The  rivers  which 
flow  through  the  territory  also  form  a  part  of  the  domain, 
from  their  sources  to  their  mouths,  or  as  far  as  they  flow 
within  the  territory,  including  the  bays  or  estuaries  formed 
by  their  junction  with  the  sea.  Where  a  navigable  river 
forms  the  boundary  of  coterminous  States,  the  middle  of  the 
channel,  or  thalweg,  is  generally  taken  as  the  line  of  separa 
tion  between  the  two  States,  the  presumption  of  law  being 
that  the  right  of  navigation  is  common  to  both  ;  but  this  pre 
sumption  may  be  destroyed  by  actual  proof  of  prior  occupancy 
and  long  undisturbed  possession,  giving  to  one  of  the  riparian 
proprietors  the  exclusive  title  to  the  entire  river. 

u  Things  of  which  the  use  is  inexhaustible,  such  as  the  sea 
and  running  water,  cannot  be  so  appropriated  as  to  exclude 
others  from  using  these  elements  in  any  manner  which  does 
not  occasion  a  loss  or  inconvenience  to  the  proprietor.  This 
is  what  is  called  an  innocent  use.  Thus  we  have  seen  that 
the  jurisdiction  possessed  by  one  nation  over  sounds,  straits, 
and  other  arms  of  the  sea  leading  through  its  own  territoiy 
to  that  of  another,  or  to  other  seas  common  to  all  nations, 
does  not  exclude  others  from  the  right  of  innocent  passage 
through  these  communications.  The  same  principle  is  appli 
cable  to  rivers  flowing  from  one  State  through  the  territory 
of  another  into  the  s*  a,  or  into  the  territory  of  a  third  State. 
The  right  of  navigating,  for  commercial  purposes,  a  river, 
which  flows  through  the  territories  of  different  States,  is  com 
mon  to  all  the  nations  inhabiting  the  different  parts  of  its 


OF  ANDREW  JOHXSOX.  235 

banks  ;  but  this  right  of  innocent  passage  being  what  the  text, 
writers  call  an  imperfect  right,  its  exercise  is  necessarily  modi 
fied  by  the  safety  and  convenience  of  the  State  affected  by 
it,  and  can  only  be  effectually  secured  by  mutual  convention 
regulating  the  mode  of  its  exercise. 

"  It  seems  that  this  right  draws  after  it  the  incidental  right 
of  using  all  the  means  which  are  necessary  to  the  secure  en 
joyment  of  the  principal  right  itself.  Thus  the  Roman  law, 
which  considered  navigable  rivers  as  public  or  common  prop 
erty,  declared  that  the  right  to  the  use  of  the  shores  was 
incident  to  that  of  the  water ;  and  that  the  right  to  navigate 
a  river  involved  the  right  to  moor  vessels  to  its  banks,  to  lade 
and  unlade  cargoes,  &c.  The  public  jurists  apply  this  prin 
ciple  of  the  Roman  civil  law  to  the  same  case  between  nations, 
and  infer  the  right  to  use  the  adjacent  land  for  these  purposes, 
as  means  necessary  to  the  attainment  of  the  end  for  which 
the  free  navigation  of  the  water  is  permitted."  * 

Now,  what  are  we  told  ?  That  Louisiana,  for 
which  we  paid  $15,000,000,  whose  battles  we 
fought,  whose  custom-houses,  forts,  arsenals,  dock 
yards,  and  hospitals  we  built,  —  in  the  exercise  of 
the  plenitude  of  her  power,  declares  that  she  has 
control  of  the  Mississippi,  and  such  States  may 
navigate  that  stream  as  are  on  friendly  relations 
with  her,  she  being  the  judge.  Is  not  this  what 
the  dogma  of  secession  leads  us  to  ?  We  see  where 
it  carries  us  ;  we  see  in  what  it  will  end  —  litiga 
tion,  war,  and  bloodshed.  As  I  remarked  before, 
as  we  approach  and  advance  in  the  investigation 
of  the  subject,  we  discover  its  enormities  more  and 

1  Wheaton's  Elements  of  International  Law,  Part  II.  chap.  4,  pp. 
252-254. 


286  THE  SPEECHES 

more.  I  repeat,  it  is  the  prolific  mother  of  anarchy, 
which  is  the  next  step  to  despotism  itself.  The 
Senator  from  Oregon  seems  not  to  be  apprehensive 
at  all ;  and  yet,  before  his  voice  has  done  reverber 
ating  in  the  Hall,  we  have  the  open  declaration 
that  they  intend  to  exercise  the  control  of  the 
navigation  of  the  Mississippi.  Would  it  not  have 
been  better  for  Louisiana 

Mr.  LANE.  I  think  the  Senator  ought  to  allow 
me  to  say  a  word. 

Mr.  JOHNSON.  I  do  not  want  to  be  interrupted. 
I  certainly  mean  no  discourtesy  at  all  to  the  Sen 
ator. 

Mr.  LANE.  I  only  wish  to  say,  in  the  way  of 
explanation,  that  the  people  of  New  Orleans  have 
had  police  regulations  by  which  they  have  collected 
taxes  to  improve  their  wharves  ever  since  New 
Orleans  belonged  to  this  country. 

Mr.  JOHNSON.  It  is  a  very  common  thing  in 
all  cities  where  there  are  wharves,  either  on  the 
river  or  ocean,  to  have  what  is  commonly  called  a 
wharfage  tax.  We  understand  that.  The  naviga 
tion  of  the  high  seas  and  rivers  is  a  different  thing 
from  paying  wharfage  and  a  little  tax  to  defray  the 
expense  of  keeping  wharves  and  docks  up.  We 
understand  all  about  that.  That  is  a  very  different 
affair  from  placing  batteries  at  this  early  day  upon 
the  banks  of  that  great  stream. 

Mr.  LANE.     That  was  against  the  common  enemy. 

Mr.  JOHNSON.     I  did  not  know  we  had  any  ene- 


OF   ANDREW  JOHNSON.  237 

mies  in  these  States.  I  thought  we  were  brothers, 
and  were  entitled  to  cany  on  free  trade  from  one 
extremity  of  this  Confederacy  to  the  other.  I  did 
not  know  that  the  people  of  Indiana  and  Illinois 
and  Kentucky  and  Tennessee,  going  along  down 
that  river,  had  got  to  be  enemies.  I  suppose,  how 
ever,  when  we  look  at  these  things  our  minds  change 
and  vary  by  varying  circumstances.  When  we  are 
candidates  for  the  Presidency,  we  feel  more  like 
brothers  ;  but  when  we  have  made  the  experiment, 
and  signally  failed,  I  suppose  the  enemy's  line  be 
gins  just  at  the  line  where  our  defeat  was  consum 
mated.  [Laughter  and  applause  in  the  galleries.] 

The  PRESIDING  OFFICER  called  to  order. 

Mr.  JOHNSON  continued: — How  long  has  it 
been  since  we  were  prepared  to  go  to  war  with  the 
most  formidable  Power  upon  earth  because  she 
claimed  the  right  of  search  ?  We  would  not  con 
cede  to  Great  Britain  the  right  of  searching  our 
ships  on  the  high  seas  ;  and  yet  what  do  we  now 
see  ?  Batteries  placed  upon  the  banks  of  the  Mis 
sissippi  to  enforce  the  right  of  search.  Do  we  not 
see  where  it  will  lead?  Do  we  not  all  know  in 
what  it  will  end  ? 

I  have  no  disposition  to  do  the  Senator  from 
Oregon,  or  any  other  Senator,  injustice.  In  this 
connection,  I  will  say,  as  I  have  intimated  before, 
that  I  thought  his  attack  upon  me  unkind  and 
uncalled  for.  Let  that  be  as  it  may,  it  is  not  my 
disposition  or  my  intention,  on  this  occasion,  to  do 


238  THE   SPEECHES 

him  injustice.  I  intend  to  do  him  full  justice.  In 
the  reply  that  he  made  to  me  —  to  which  I  yes 
terday  referred  —  he  gave  the  contradiction  di 
rect  to  what  I  stated  in  the  presidential  canvass,* 
in  answer  to  the  charge  that  had  been  made  that 
you,  Mr.  President,  and  the  Senator  from  Oregon, 
were  disunionists,  were  in  favor  of  secession  ;  and 
that  you  were  used  by  what  was  called  the  seced 
ing  or  disunion  party  for  the  purpose  of  disrupting 
and  breaking  up  the  Government.  I  met  those 
charges  —  because  I  believed  they  were  untrue, 
that  they  were  not  founded  in  fact  —  in  various 
places,  before  large  assemblies,  and,  I  thought,  suc 
cessfully,  at  least  to  my  own  mind,  exonerated  you 
and  the  candidate  for  the  Vice-Presidency  from  the 
charge.  I  confess  it  was  somewhat  mortifying  to 
me,  after  the  reply  which  the  Senator  made,  to 
have  to  say  to  the  people,  and  the  country  generally, 
that  I  vindicated  him  against  a  charge  which  was 
true;  for,  when  we  take  up  his  speech  here  in 
reply  to  the  remarks  that  I  made  on  that  occasion, 
none  of  which  had  the  slightest  reference  to  him, 
involving  neither  his  position  before  the  country, 
nor  his  consistency  as  a  legislator,  we  find  that 
he  took  bold  ground,  advocating  and  justifying  se 
cession,  arguing,  in  fact,  that  it  was  constitutional. 
I  felt,  after  that  speech,  that  I  was  involved  in 
inconsistency  before  my  people,  an  inconsistency  in 
which  I  ought  not  to  have  been  involved. 

O 

But  in  the  same  speech  in  which  the  honorable 


OF  ANDREW  JOHNSON.  239 

Senator  involved  me  in  these  contradictions,  he  goes 
on  to  state,  —  and  I  will  do  him  justice  by  reading 
his  speech,  for  I  do  not  want  to  misquote  him, — 

"  But,  sir,  understand  me ;  I  am  not  a  disunion ist.  I  am 
for  the  right,  and  I  would  have  it  in  the  Union  ;  and  if  it 
cannot  be  obtained  there,  I  would  go  out  of  the  Union,  and 
have  that  out  of  the  Union  that  I  could  not  obtain  in  it,  though 
I  was  entitled  to  it." 

Mr.  President,  I  have  called  the  attention  of  the 
Senate  to  the  paragraph  of  the  Senator's  speech 
which  I  have  just  read,  in  which  he  disavows  dis 
union  sentiments ;  but  when  you  take  the  preceding 
part  of  his  speech,  you  find  that  he  advocates  the 
doctrine  of  disunion  and  secession  almost  from  the 
beginning  up  to  the  sentence  that  I  have  read. 
It  seems  to  me  it  is  paradoxical ;  but  that  may 
be  my  misfortune,  not  his.  He  may  be  capable  of 
reconciling  the  conflict,  the  seeming  inconsistency 
of  first  advocating  the  doctrine  of  dissolution,  seces 
sion,  and  disunion,  and  then  at  the  same  time  ex 
claiming  that  he  is  no  disunionist.  I  do  not  know 
how  a  Senator  can  be  for  the  Union,  and  at  the 
same  time  concede  the  right  that  a  State  has  the 
authority  to  secede  under  the  Constitution  ;  that  it 
is  justified  in  seceding,  and  ought  to  secede  ;  that 
when  it  demands  rights  in  the  Union  that  it  can 
not  get,  it  should  go  out  of  the  Union  to  obtain 
'that  which  could  not  be  obtained  in  it.  But  let  all 
that  pass.  I  wish  to  do  him  no  injustice  ;  therefore 


240  THE  SPEECHES 

I  desired  to  call  attention  to  his  disclaimer  of  being 
a  disunionist  and  a  secessionist. 

Mr.  President,  the  Senator,  in  the  sentence  I  have 
quoted,  assumes  that  South  Carolina,  for  instance, 
had  the  right  to  secede  ;  and  he  says  also  that  Soutli 
Carolina  can  obtain  that  out  of  the  Union  which  she 
has  failed  to  obtain  in  it.  Let  us  raise  the  inquiry 
here  :  What  is  it,  since  she  entered  into  this  Con 
federacy  of  States,  that  South  Carolina  has  desired 
or  asked  at  the  hands  of  the  Federal  Government, 
or  demanded  upon  constitutional  ground,  that  she 
has  not  obtained  ?  What  great  wrong,  what  great 
injury  has  been  inflicted  upon  South  Carolina  by 
her  continuance  in  this  Union  of  States  ?  I  know 
it  is  very  easy,  and  even  Senators  have  fallen  into 
the  habit  of  it,  to  repeat  some  phrases  almost  as  a 
chorus  to  a  song,  such  as,  "  If  we  cannot  get  our 
rights  in  the  Union,  we  will  go  out  of  the  Union 
and  obtain  those  rights  ;  that  we  are  for  the  equality 
of  the  States  in  the  Union,  and  if  we  cannot  get  it 
we  will  go  out  of  the  Union,"  I  suppose  to  bring 
about  that  equality.  What  is  the  point  of  contro 
versy  in  the  public  mind  at  this  time  ?  Let  us  look 
at  the  question  as  it  is.  We  know  that  the  issue 
which  has  been  before  the  country  to  a  very  great 
extent,  and  which,  in  fact,  has  recently  occupied  the 
consideration  of  the  public,  is  the  territorial  ques 
tion.  It  is  said  that  South  Carolina  has  been  re 
fused  her  rights  in  the  Union,  with  reference  to  that* 
territorial  question,  and  therefore  she  is  going  out 


OF  ANDREW  JOHNS  OX.  241 

of  the  Union  to  obtain  that  which  she  cannot  get 
in  it. 

Now,  Mr.  President,  when  we  come  to  examine 
this  subject,  how  does  the  matter  stand  ?  I  showed 
yesterday,  in  reference  to  the  protection  of  slave 
property  in  the  Territories  of  this  Confederacy,  that 
South  Carolina,  in  connection  with  the  distinguished 
Senator  from  Oregon,  had  voted  expressly  that  no 
slavery  code  was  needed  ;  that  no  further  protec 
tion  was  needed,  so  far  as  Congress  was  concerned. 
They  decided  it  here  in  this  body.  South  Carolina, 
by  her  own  vote,  on  the  25th  day  of  May  last,  de 
cided  that  she  needed  no  further  protection  in  the 
Territories  of  the  United  States,  so  far  as  Congress 
was  concerned.  The  Senator  from  Oregon  voted 
with  her.  That  vote  seemed  to  be  connected  with 
and  predicated  upon  the  great  fact  that  the  Supreme 
Court  of  the  United  States  had  decided  this  ques 
tion  ;  that  they  had  declared  the  Missouri  Com 
promise  —  in  other  words,  the  law  excluding  slavery 
north  of  36°  30',  and  making  it  permissive  south  of 
36°  30'  —  unconstitutional  and  void;  and,  accord 
ing  to  our  forms  of  Government,  it  was  in  fact 
stricken  from  the  statute-book  by  the  decision  of 
the  court..  They  thereby  said  to  the  country,  the 
supreme  arbiter  of  the  land,  so  made  by  the  Consti 
tution  of  the  United  States,  has  decided  that  the 
people  have  a  right,  without  regard  to  the  charactei 
or  description  of  their  property,  to  carry  it  into  all 
the  Territories  of  the  United  States,  and  that  under 

21 


242  THE  SPEECHES 

the  Constitution  of  the  United  States  it  is  protected 
there.  It  was  said,  the  court  having  decided  that 
they  had  a  right  to  go  there  with  this  institution  of 
slavery,  and  the  Constitution  finding  it  there,  it  was 
recognized  and  protected  by  the  Constitution  of  the 
United  States. 

In  this  connection,  permit  me  to  go  outside  of  the 
Senate  Chamber,  and  state  what  occurred  in  my 
own  State.  There,  those  who  were  the  best  friends 
of  the  distinguished  Senator  from  Oregon,  and  who 
are  ultra  upon  this  subject,  before  thousands  of  the 
people  of  that  State  took  the  bold  ground  that  they 
wanted  no  further  protection  from  Congress ;  that 
the  Constitution  of  the  United  States  and  the  opin 
ion  of  the  Supreme  Court  were  all  the  slavery  code 
they  desired  ;  that  the  question  was  settled  ;  that  the 
power  was  complete  ;  and  that  protection  was  ample. 

In  this  connection,  sir,  we  must  recollect  the  de 
cision  made  by  the  Senate  upon  the  resolutions  intro 
duced  by  the  Senator  from  Mississippi l  on  the  25th 
day  of  May  last.  On  that  day,  under  the  solemn 
sanction  of  an  oath,  and  all  the  formalities  of  legis 
lation  spread  upon  the  journals,  the  yeas  and  nays 
being  taken,  we  declared,  after  an  argument  on 
the  subject,  that  no  further  protection  was  needed 
at  that  time.  The  Senate  went  on  and  stated,  in 
the  fifth  resolution  —  I  give  the  substance,  I  do 
not  pretend  to  repeat  .the  words  —  that  if  here 
after  it  should  become  necessary  to  have  protection 

i  Mr.  Davis. 


OF   ANDREW  JOHNSON.  243 

of  this  kind,  then  Congress  should  give  it ;  but 
they  said  it  was  unnecessary  at  that  time.  If  South 
Carolina  and  the  Senator  from  Oregon  took  tin's 

O 

position  then,  what  has  transpired  since  that  period 
of  time  that  now  justifies  a  State  in  withdrawing 
or  seceding  from  this  Union,  on  account  of  Congress 
not  doing  that  which  they  declared  was  not  neces 
sary  to  be  done  ? 

But  let  us  take  the  fact  as  it  is.  South  Carolina, 
it  is  said,  wanted  protection  in  the  Territories.  I 
have  shown  that  she  said,  herself,  that  further  pro 
tection  was  not  needed  ;  but  if  it  should  be  needed, 
then  Congress  should  give  it.  But  South  Carolina, 
—  the  Kingdom  of  South  Carolina,  —  in  the  plen- 
titude  of  her  power,  and  upon  her  own  volition, 
without  consultation  with  the  other  States  of  this 
Confederacy,  has  gone  out  of  the  Union,  or  assumed 
to  go  out.  The  next  inquiry  is  :  What  does  South 
Carolina  now  get,  in  the  language  of  the  distin 
guished  Senator  from  Oregon,  out  of  the  Union  that 
she  did  not  get  in  the  Union  ?  Is  there  a  man  in 

& 

South  Carolina  to-day  that  wants  to  carry  a  single 
slave  into  any  Territory  we  have  got  in  the  United 
States  that  is  now  unoccupied  by  slave  property  ? 
I  am  almost  ready  to  hazard  the  assertion  that 
there  is  not  one.  If  he  had  not  the  power  and  the 
right  to  carry  his  slave  property  into  a  Territory 
while  in  the  Union,  has  he  obtained  that  right  now 
by  going  out  of  the  Union  ?  Has  anything  been 
obtained  by  violating  the  Constitution  of  the  United 


244  THE  SPEECHES 

States,  by  withdrawing  from  the  sisterhood  of  States, 
that  could  not  have  been  obtained  in  it  ?  Can  South 
Carolina  now  any  more  conveniently  and  practi 
cally  carry  slavery  into  the  Territories  than  she 
could  before  she  went  out  of  the  Union  ?  Then 
what  has  she  obtained  ?  What  has  she  got,  even 
upon  the  doctrine  laid  down  by  the  distinguished 
Senator  from  Oregon  ? 

But  it  is  argued,  striding  over  the  Constitution 
and  violating  that  comity  and  faith  which  should 
exist  amongst  the  States  composing  this  Confed 
eracy,  that  she  had  a  right  to  secede  ;  she  had  a 
right  to  carry  slaves  into  the  Territories  ;  and  there 
fore  she  will  secede  and  go  out  of  the  Union.  This 
reasoning  on  the  part  of  South  Carolina  is  about  as 
sound  as  that  of  the  madman,  who  assumed  that  he 
had  dominion  over  the  beasts  of  the  forest,  and 
therefore  that  he  had  a  right  to  shear  a  wolf.  His 
friends  remonstrated  with  him,  and,  admitting  his 
right  to  do  so,  inquired  of  him  if  he  had  considered 
the  danger  and  the  difficulty  of  the  attempt.  "  No," 
said  the  madman,  "  I  have  not  considered  that ; 
that  is  no  part  of  my  consideration  ;  man  has  the 
dominion  over  the  beasts  of  the  forest,  and  there 
fore  he  has  a  right  to  shear  a  wolf;  and  as  I  have 
a  right  to  do,  so  I  will  exercise  it."  His  friends  still 
remonstrated  and  expostulated,  and  asked  him,  not 
only,  u  Have  you  considered  the  danger,  the  diffi 
culty,  and  the  consequences  resulting  from  such  an 
attempt ;  but,  what  will  the  shearing  be  worth  ?" 


OF  ANDREW   JOHNSON.  245 

"  But,"  he  replied,  "  I  have  the  right,  and  there 
fore  I  will  shear  a  wolf."  South  Carolina  has  the 
right,  according  to  the  doctrine  of  the  seceders  and 
disunionists  of  this  country,  to  go  out  of  the  Union, 
and  therefore  she  will  go  out  of  the  Union. 

And  what,  Mr.  President,  has  South  Carolina 
gained  by  g°ing  out  ?  It  has  been  just  about  as 
profitable  an  operation  as  the  shearing  of  the  wolf 
by  the  madman.  Can  she  now  carry  slaves  into  the 
Territories  ?  Does  she  even  get  any  division  of  the 
Territories  ?  None  ;  she  has  lost  all  that.  Does 
she  establish  a  right  ?  No  ;  but  by  the  exercise  of 
this  abstract  right,  as  contended  for  by  secessionists, 
what  has  she  got?  Oppression,  taxation,  a  reign 
of  terror  over  her  people,  as  the  result  of  their 
rashness  in  the  exercise  of  this  assumed  right.  In 
what  condition  is  her  people  now  ?  They  have  gone 
out  of  the  Union  to  obtain  their  rights,  to  main 
tain  their  liberty,  to  get  that  out  of  the  Union 
which  they  could  not  get  in  it  !  While  they  were 
in  the  Union,  they  were  not  taxed  a  million  and 
some  six  or  seven  or  eight  hundred  thousand  dollars, 
in  addition  to  their  usual  expenditures,  to  sustain 
standing  armies  and  to  meet  other  expenditures 
which  are  incurred  by  separation.  But  still  she 
has  the  right  to  tax  her  people  ;  she  has  the  right 
to  institute  a  reign  of  terror ;  she  has  the  right 
to  exclude  her  people  from  the  ballot-box ;  and 
she  has  exercised  the  right,  and  these  are  the  con 
sequences.  She  has  got  her  rights  !  She  has  gone 

21* 


246  THE  SPEECHES 

out  of  tli 3  Union  to  be  relieved  from  taxes,  and 
has  increased  the  burdens  upon  her  people  four 
fold.  All  this  is  in  the  exercise  of  her  right ! 

Mr.  President,  when  we  examine  this  subject, 
and  follow  it  step  by  step,  to  see  what  is  gained  by 
this  movement,  human  reason  deplores  the  folly 
which  it  exhibits.  The  public  mind  seems  to  have 
been  inflamed  to  madness,  and  in  its  delirium  it 
overbears  all  restraint.  To  some  it  appears  that 
our  admirable  system  of  civil  liberty  is  crumbling 
to  pieces  ;  that  the  temple  of  Liberty  is  upheaved  ; 
that  its  columns  are  falling,  and  that  nothing  will 
remain  but  a  general  ruin  ;  and  in  their  consterna 
tion  too  many  stand  back  appalled,  and  take  no 
position  for  the  relief  of  their  country  in  the  pend 
ing  crisis.  But,  sir,  the  relation  that  we  bear  to  the 
people  of  the  United  States  requires  every  man, 
whether  Senator  or  Representative,  or  even  private 
citizen,  to  come  forward  as  a  patriot  and  lover  of  his 
country,  and  look  at  the  condition  of  the  country  as 
it  is.  Without  regard  to  the  consequences  upon 
myself,  I  have  determined  to  meet  this  question, 
and  to  present  my  views  to  the  country  in  such  form 
as  I  believe  to  be  right  and  proper. 

Sir,  let  us  look  at  the  contest  through  which  we 
are  passing,  and  consider  what  South  Carolina, 
and  the  other  States  who  have  undertaken  to  secede 
from  the  Confederacy,  have  gained.  What  is  the 
great  difficulty  which  has  existed  in  the  public  mind? 
"We  know  that,  practically,  the  territorial  question 


OF  ANDREW  JOHNSON.  247 

is  settled.  Then  what  is  the  cause  for  breaking  up 
this  great  Union  of  States  ?  Has  the  Union  or  the 
Constitution  encroached  upon  the  rights  of  South 
Carolina  or  any  other  State?  Has  this  glorious 
Union,  that  was  inaugurated  by  the  adoption  of  the 
Constitution,  which  was  framed  by  the  patriots  and 
sages  of  the  Revolution,  harmed  South  Carolina  or 
any  other  State  ?  No  ;  it  has  offended  none  ;  it  has 
protected  all.  What  is  the  difficulty  ?  We  have 
some  bad  men  in  the  South,  —  the  truth  I  will 
speak,  —  and  we  have  some  bad  men  in  the  North, 
who  want  to  dissolve  this  Union  in  order  to  gratify 
their  unhallowed  ambition.  And  what  do  we  find 
here  upon  this  floor  and  upon  the  floor  of  the  other 
House  of  Congress  ?  Words  of  crimination  and  re 
crimination  are  heard.  Bad  men  North  say  provok- 
ino-  tliincrs  in  reference  to  the  institutions  of  the 

o  o 

South,  and  bad  men  and  bad-tempered  men  of  the 
South  say  provoking  and  insulting  things  in  return  ; 
and  so  goes  on  a  war  of  crimination  and  recrimina 
tion  in  reference  to  the  two  sections  of  the  country, 
and  the  institutions  peculiar  to  each.  They  become 
enraged  and  insulted,  and  then  they  are  denunci 
atory  of  each  other  ;  and  what  is  the  result  ?  The 
Abolitionists,  and  those  who  entertain  their  senti 
ments,  abuse  men  of  the  South,  and  men  of  the 
South  abuse  them  in  return.  They  do  not  fight 
each  other  ;  but  they  both  become  offended  and  en 
raged.  One  is  dissatisfied  with  the  other ;  one  is 
insulted  by  the  other  ;  and  then,  to  seek  revenge, 


248  THE   SPEECHES 

to  gratify  themselves,  they  both  agree  to  make  war 
upon  the  Union  that  never  offended  or  injured 
either.  Is  this  right?  What  has  this  Union  done  ? 
Why  should  these  contending  parties  make  war 
upon  it  because  they  have  insulted  and  aggrieved 
each  other  ?  This  glorious  Union,  that  was  spoken 
into  existence  by  the  fathers  of  the  country,  must  be 
made  war  upon  to  gratify  these  animosities.  Shall 
we,  because  we  have  said  bitter  things  of  each  other 
which  have  been  offensive,  turn  upon  the  Govern 
ment,  and  seek  its  destruction,  and  entail  all  the 
disastrous  consequences  upon  commerce,  upon  agri 
culture,  upon  the  industrial  pursuits  of  the  country, 
that  must  result  from  the  breaking  up  of  a  great 
Government  like  this  ?  What  is  to  be  gained  out 
of  the  Union  that  we  cannot  get  in  it?  Any 
thing?  I  have  been  zealously  contending  for  — 
and  intend  to  continue  to  contend  for  —  every  right, 
even  to  the  ninth  part  of  a  hair,  that  I  feel  the 
State  which  I  have  the  honor  in  part  to  represent  is 
entitled  to.  I  do  not  intend  to  demand  anything 
but  that  which  is  right ;  and  I  will  remark,  in  this 
connection,  that  there  is  a  spirit  in  the  country 
which,  if  it  does  not  exist  to  a  very  great  extent  in 
this  Hall,  does  exist  in  the  great  mass  of  the  people 
North  and  South,  to  do  what  is  right ;  and  if  the 
question  could  be  taken  away  from  politicians  ;  if 
it  could  be  taken  away  from  the  Congress  of  the 
United  States,  and  referred  to  the  great  mass  of  the 
intelligent  voting  population  of  the  United  States, 


OF  ANDREW  JOHNSON.  249 

they  would  settle  it  without  the  slightest  difficulty, 
and  bid  defiance  to  secessionists  and  disunionists. 
[Applause  in  the  galleries.] 

The  VICE-PRESIDENT.  There  must  be  many 
persons  in  the  galleries  who  have  been  warned  again 
and  again  that  order  must  be  maintained.  I  hope 
not  to  have  occasion  to  refer  to  the  subject  again. 

Mr.  JOHNSON.  Mr.  President,  I  have  an  abiding 
confidence  in  the  people ;  and  if  it  were  so  arranged 
to-day  that  the  great  mass  of  the  American  people 
could  be  assembled  in  an  amphitheatre  capacious 
enough  to  contain  them  all,  and  the  propositions 
which  have  been  presented  here  to  preserve  this 
Union,  could  be  reduced  to  a  tangible  shape,  and 
submitted  to  them,  politicians  being  left  out  of  view, 
the  question  being  submitted  to  the  great  mass  of 
the  people,  it  being  their  interest  to  do  right,  they 
being  lovers  of  their  country,  having  to  pay  all, 
having  to  produce  all,  having  to  provide  all,  there 
would  be  but  one  single  response,  "  Do  that  which 
will  give  satisfaction,  ample  and  complete,  to  the 
various  and  conflicting  sections  of  this  glorious  Re 
public." 

But,  sir,  how  are  we  situated?  There  are  poli 
ticians  here,  and  throughout  the  land,  some  of  whom 
want  to  break  up  the  Union,  to  promote  their  own 
personal  aggrandizement ;  some,  on  the  other  hand, 
desire  the  Union  destroyed  that  slavery  may  be  ex 
tinguished.  Then  let  me  appeal  to  every  patriot  in 
the  land,  in  viewT  of  this  state  of  things,  to  come  for- 


2.~0  THE   SPEECHES 

ward  and  take  the  Government  out  of  the  hands  of 
the  Goths  and  Vandals,  wrest  it  from  the  Philistines, 
save  the  country,  and  hand  it  down  to  our  children 
as  it  has  been  handed  down  to  us. 

I  have  already  asked  what  is  to  be  gained  by  the 
breaking  up  of  this  Confederacy.  An  appeal  is 
made  to  the  border  slaveholding  States  to  unite  in 
what  is  commonly  styled  the  Gulf  Confederacy.  If 
there  is  to  be  a  division  of  this  Republic,  I  would 
rather  see  the  line  run  anywhere  than  between  the 
slaveholding  and  the  non-slaveholding  States,  and 
the  division  made  on  account  of  a  hostility,  on  the 
one  hand,  to  the  institution  of  slavery,  and  a  prefer 
ence  for  it,  on  the  other ;  for  ivhenever  that  line  is 
drawn,  it  is  the  line  of  civil  war  ;  it  is  the  line  at 
which  the  overthrow  of  slavery  begins  ;  the  line  from 
which  it  commences  to  recede.  Let  me  ask  the 
border  States,  if  that  state  of  things  should  occur, 
who  is  to  protect  them  in  the  enjoyment  of  their 
slave  property  ?  Will  South  Carolina,  that  has 
gone  madly  out,  protect  them?  Will  Mississippi 
and  Alabama  and  Louisiana,  still  further  down  to 
wards  the  Gulf?  Will  they  come  to  our  rescue,  and 
protect  us  ?  Shall  we  partake  of  their  frenzy, 
adopt  the  mistaken  policy  into  which  they  have 
fallen,  and  begin  the  work  of  the  destruction  of  the 
institution  in  which  we  are  equally  interested  with 
them  ?  I  have  already  said  that  I  believe  the  disso 
lution  of  this  Union  will  be  the  commencement  of 
the  overthrow  and  destruction  of  the  institution  of 


OF  ANDREW  JOHNSON.  251 

slavery.  In  a  Northern  confederacy,  or  in  a  South 
ern  confederacy,  or  in  a  Middle  confederacy,  the 
border  slaveholdino;  States  will  have  to  take  care 

O 

of  that  particular  species  of  property  by  their  own 
strength,  and  by  whatever  influence  they  may  exert 
in  the  organization  in  which  they  may  be  placed. 
The  Gulf  States  cannot,  they  will  not,  protect 
us.  We  shall  have  to  protect  ourselves,  and  per 
chance  to  protect  them.  As  I  remarked  yester 
day,  my  own  opinion  is,  that  the  great  desire  to 
embrace  the  border  States,  as  they  are  called,  in 
this  particular  and  exclusive  Southern  confederacy, 
which  it  is  proposed  to  get  up,  is  not  that  they 
want  us  there  out  of  pure  good-will,  but  they  want 
us  there  as  a  matter  of  interest ;  so  that  if  they 
are  involved  in  war,  in  making  acquisitions  of  ter 
ritory  still  further  south,  or  war  growing  out  of 
any  other  cause,  they  may  have  a  corps  de  reserve, 
they  may  have  a  power  behind,  that  can  furnish 
them  men  and  money,  —  men  that  have  the  hearts 
and  the  souls  to  fight  and  meet  an  enemy,  come  from 
what  quarter  he  may. 

What  have  we  to  gain  by  that  ?  The  fact  that 
two  taken  from  four  leaves  but  two  remaining,  is 
not  clearer  to  my  mind  than  it  is  that  the  dissolution 
of  the  Union  is  the  beginning  of  the  destruction  of 
slavery  ;  and  that  if  a  division  be  accomplished,  as 
some  desire,  directly  between  the  slaveholding  and 
the  non-slaveholding  States,  the  work  will  be  com 
menced  most  effectually.  Upon  this  point  I  pro- 


252  THE  SPEECHES 

pose  to  read  a  short  extract  from  South  Carolina 
herself.  Mr.  Boyee,  late  a  member  of  the  other 
House,  a  distinguished  man,  a  man  of  talent,  and  I 
believe  a  good  man,  and  who,  I  have  no  doubt,  in 
his  heart  this  day  regrets  most  deeply  and  sincerely 
the  course  which  South  Carolina  has  taken,  said,  in 
1851,  when  the  same  issue  was  presented,  - 

"  Secession,  separate  nationality,  with  all  its  burdens,  is  no 
remedy.  It  is  no  redress  for  the  past ;  it  is  no  security  for  the 
future.  It  is  only  a  magnificent  sacrifice  to  the  present,  with 
out  in  any  wise  gaining  in  the  future." 

"  For  the  various  reasons  I  have  stated,  I  object  in  as  strong 
terms  as  I  can,  to  the  secession  of  South  Carolina.  Such  is 
the  intensity  of  my  conviction  on  this  subject,  that  if  secession 
should  take  place  —  of  which  I  have  no  idea,  for  I  cannot 
believe  in  the  existence  of  such  a  stupendous  madness  —  I 
shall  consider  the  institution  of  slavery  as  doomed,  and  that 
the  great  God,  in  our  blindness,  has  made  us  the  instruments 
of  its  destruction." 

He  said  then,  that  if  South  Carolina,  in  her  mad 
ness,  (but  he  did  not  believe  she  could,)  should  de 
termine  upon  secession,  he  would  look  upon  it  that 
the  great  God  had  doomed  the  institution  of  slavery. 
This  is  the  opinion  of  one  of  the  most  distinguished 
and,  I  conscientiously  believe,  best  men  of  South 
Carolina. 

But,  sir,  I  pass  on  from  the  paragraph  of  the 
speech  of  the  honorable  Senator  from  Oregon  to 
which  I  have  referred  ;  and  as  there  seems  to  have 
been  a  sort  of  arrangement  —  at  least  it  appears  so 
to  my  mind  —  to  make  and  keep  up  an  attack  on 


OF  ANDREW  JOHNSON.  253 

me,  because  I  agreed  with  Mr.  Boyce  of  South 
Carolina  in  this  respect;  because  I  agreed  with 
many  distinguished  men  ;  and  because  I  advanced 
the  doctrines  of  the  fathers  who  formed  the  Re 
public,  I  shall  take  up  these  Senators  in  the  order 
in  which  I  was  attacked.  Without  being  ego 
tistical,  without  being  vain,  when  I  feel  that  I 
have  got  truth  on  my  side,  when  I  feel  that  I  am 
standing  on  principle,  when  I  know  that  I  have  got 
facts  and  arguments  that  cannot  be  answered,  I 
never  inquire  as  to  the  difference  of  ability  or  ex 
perience  between  myself  and  those  with  whom  I 
have  to  contend. 


REPLY    TO    MR.    DAVIS. 

The  next  Senator  in  order  that  made  an  at 
tack  upon  me  on  account  of  my  previous  speech 
was  the  distinguished  Senator  from  Mississippi,1  who 
took  occasion  to  do  so  in  making  his  valedictory 
address  to  the  Senate  after  his  State  had  passed 
her  ordinance  of  secession.  It  has  been  the  case 
not  only  with  that  Senator,  but  with  others,  that 
an  attempt  has  been  made  by  innuendo,  by  indirec 
tion,  by  some  side  remark,  to  convey  the  impres 
sion  that  a  certain  man  has  a  tendency  or  bear 
ing  towards  Black  Republicanism  or  Abolitionism. 
Sometimes  gentlemen  who  cannot  establish  such  a 
charge,  are  yet  willing  to  make  it,  not  directly,  but 

1  Mr.  Davis. 
22 


254  THE  SPEECHES 

by  innuendo,  to  create  a  false  impression  on  the 
public  mind, — 

"  Willing  to  wound,  but  yet  afraid  to  strike." 

If  the  charge  can  be  successfully  made,  why  not 
make  it  directly,  instead  of  conveying  it  by  in 
nuendo?  The  Senator  from  Mississippi  did  not  at 
tempt  to  reply  to  my  speech,  did  not  answer  my 
arguments,  did  not  meet  my  authorities,  did  not 
controvert  my  facts  ;  but  after  reaching  a  certain 
point  in  his  own  argument,  he  disposes  of  all  that  I 
had  said  in  these  very  few  words,  — 

"  I  am  here  confronted  with  a  question  which  I  will  not 
argue.  The  position  which  I  have  taken  necessarily  brings 
me  to  its  consideration.  Without  arguing  it,  I  will  merely 
mention  it.  It  is  the  right  of  a  State  to  withdraw  from  the 
Union.  The  President  says  it  is  not  a  constitutional  right. 
The  Senator  from  Ohio,1  and  his  ally,  the  Senator  from  Ten 
nessee,  argued  it  as  no  right  at  all." 

Is  that  the  way  for  a  Senator,  a  distinguished 
Senator,  an  Ajax  of  his  peculiar  sect,  —  for  when 
we  come  to  examine  this  doctrine  of  secession, 
it  is  only  broad  enough  to  found  a  sect  upon  ;  it 
is  not  comprehensive  enough,  it  has  not  scope 
enough,  on  which  to  found  a  great  national  party,  — 
to  notice  the  arguments  of  others  ?  The  Senator 
from  Mississippi  would  not  argue  the  right  of  seces 
sion.  I  say,  that  if  any  government  be  organized 
hereafter,  in  which  this  principle  of  secession  is 
recognized,  it  will  result  in  its  destruction  and 

i  Mr.  Wade. 


OF  ANDREW  JOHNSON.  255 

overthrow.  But  the  Senator  says  that  the  Sen 
ator  from  Ohio,1  and  "  his  ally  from  Tennessee," 
regard  secession  as  no  right  at  all ;  and  by 
that  statement  the  whole  argument  is  answered. 
What  is  the  idea  here  ?  Let  us  talk  plainly, 
though  courteously  and  respectfully.  What  was 
the  idea  which  this  remark  was  calculated,  if  not 
intended,  to  convey  ?  I  am  free  to  say,  that  I 
think  it  was  intended,  as  well  as  calculated,  to 
convey  the  impression  that  the  Senator  from  Ten 
nessee  was  an  ally  of  Mr.  Wade  of  Ohio,  who 
was  a  Republican;  and  the  whole 'speech  of  the 
Senator  from  Tennessee,  the  authorities,  the  facts, 
and  the  arguments,  are  all  upturned  by  that  single 
allusion.  Thank  God,  there  is  too  much  good 
sense  and  intelligence  in  this  country,  to  put  down 
any  man  by  an  innuendo  or  side  remark  like  that. 
But,  sir,  so  far  as  the  people  whom  I  have  the 
honor  in  part  to  represent  are  concerned,  I  stand 
above  innuendoes  of  that  kind.  They  have  known 
me  from  my  boyhood  up.  They  understand  my 
doctrines  and  my  principles,  in  private  and  in 
public  life.  They  have  tried  me  in  every  position 
in  which  it  was  in  their  power  to  place  a  public  ser 
vant,  and  they,  to-day,  will  not  say  that  Andrew 
Johnson  ever  deceived  or  betrayed  them.  In  a 
public  life  of  twenty-five  years,  they  have  never 
deserted  or  betrayed  me ;  and,  God  willing,  I  will 
never  desert  or  betray  them.  The  great  mass  of 

1  Mr.  Wade. 


256  THE  SPEECHES 

the  people  of  Tennessee  know  that  I  am  for  them ; 
they  know  that  I  have  advocated  those  great  prin 
ciples  and  doctrines  upon  which  the  perpetuity  of 
this  Government  depends ;  they  know  that  I  have 
perilled  my  all,  pecuniarily  and  physically,  in  vin 
dication  of  their  rights  and  their  interests.  Little 
innuendoes,  thrown  off  in  snarling  moods,  fall 
harmless  at  my  feet. 

It  was  said  that  I  was  the  ally  of  the  Senator 
from  Ohio.  I  turn  to  the  doings  of  the  committee 
of  thirteen  to  show  who  were  allies  there.  I  do 
not  inquire  what  a  man's  antecedents  have  been 
when  there  is  a  great  struggle  to  preserve  the  ex 
istence  of  the  Government ;  but  rny  first  inquiry 
is,  are  you  for  preserving  this  Government?  are 
you  for  maintaining  the  Constitution  upon  which 
it  rests  ?  If  Senator  Wade,  or  Senator  anybody 
else,  is  willing  to  come  up  to  this  great  work, 
either  by  amending  the  Constitution  of  the  United 
States,  or  passing  laws  that  will  preserve  and  per 
petuate  this  great  Union,  I  am  his  ally  and  he  is 
mine ;  and  I  say  to  every  Senator,  to  every  mem 
ber  of  the  House  of  Representatives,  to  every 
man  that  loves  his  country  throughout  the  length 
and  breadth  of  this  great  Confederacy,  if  you  are 
for  preserving  this  Union  on  its  great  and  funda 
mental  principles,  I  am  your  ally,  without  refer 
ence  to  your  antecedents,  or  to  what  may  take 
place  hereafter.  I  say  to  all  such  men,  come  for 
ward,  and,  like  gallant  knights,  let  us  lock  our 


OF  ANDREW  JOHNSON.  257 

shields  and  make  common  cause  for  this  glorious 
people.  If  I  were  to  indulge  in  a  similar  kind  of 
innuendo,  by  way  of  repartee,  where  would  the 
Senator  from  Mississippi  find  himself  ?  In  the 
committee  of  thirteen,  a  resolution  was  introduced 
by  the  distinguished  Senator  from  New  York 1 
—  who,  I  must  say,  since  this  question  has  sprung 
up,  has  given  every  indication  of  a  desire  for  recon 
ciliation  and  for  compromise,  and  of  a  disposition 
to  preserve  the  Government,  that  a  man  occupy 
ing  his  position  could  do  —  to  this  effect :  — 

"  Resoli-cd,  That  the  following  article  be,  and  the  same  is 
hereby,  proposed  and  submitted  as  an  amendment  to  the  Con 
stitution  of  the  United  States,  to  be  valid,  to  all  intents  and 
purposes,  as  a  part  of  said  Constitution,  when  ratified  by  the 
Legislatures  of  three  fourths  of  the  States : 

"1.  No  amendment  shall  be  made  to  the  Constitution  which 
will  authorize  or  give  to  Congress  the  power  to  abolish,  or 
interfere,  within  any  State,  with  the  domestic  institutions 
thereof,  including  that  of  persons  held  to  labor  or  service  by 
the  laws  of  said  State." 

That  was  a  proposition  which  was  calculated, 
to  a  very  great  extent,  to  allay  the  apprehensions 
and  the  fears  that  have  been  entertained  in  the 
South  in  reference  to  the  institution  of  slavery. 
Why  do  I  say  so?  We  know  what  the  argument 
has  been  before  the  Southern  mind.  It  has  been  : 
first,  that  the  Northern  anti-slavery  party  wanted 
to  abolish  slavery  in  the  District  of  Columbia,  as 
an  entering  wedge ;  next,  to  exclude  it  from  the 

1  Mr.  Seward. 
22* 


258  THE  SPEECHES 

Territories,  following  up  the  attack  upon  slavery  ; 
but  these  points  were  looked  upon  as  of  minor 
importance ;  they  were  looked  upon  as  outposts, 
as  the  prelude  to  an  interference  with  the  institu 
tion  within  the  States,  which  has  been  supposed 
to  be  the  great  end  and  the  great  consideration. 
Do  you  not  know  this  to  be  the  argument :  that 
they  were  merely  taking  these  positions  as  enter 
ing  wedges  to  an  interference  with  the  institution 
of  slavery  in  the  States  ?  Such  is  the  real  ques 
tion,  and  such  it  will  remain,  the  Territorial  ques 
tion  being  substantially  settled.  What  does  Mr. 
SEWARD,  who  has  acquired  so  much  notoriety  by 
his  u  irrepressible  conflict,"  say  ?  He  comes  here 
and  proposes  an  amendment  to  the  Constitution, 
which  puts  an  estoppel  upon  his  "  irrepressible 
conflict "  doctrine.  He  is  willing  to  make  it  per 
petual,  so  that  the  institution  cannot  be  interfered 
with  in  the  States  by  any  future  amendment  of 
the  Constitution.  That  is  Mr.  Seward's  measure. 
Upon  the  adoption  of  that  resolution,  I  believe 
every  member  of  the  committee  voted  for  it,  save 
two.  The  Senator  from  Mississippi l  voted  for  it ; 
Mr.  Seward  voted  for  it;  and  Mr.  Wade  of 
Ohio  voted  for  it.  Whose  ally  is  he  ?  Here  we 
find  Wade  and  Seward  and  Davis,  and  the  whole 
committee,  with  the  exception  of  two,  in  favor  of 
amending  the  Constitution  so  that  the  institution 
of  slavery  cannot  be  interfered  with  in  the  States, 
i  Mr.  Davis. 


OF  ANDREW  JOHNSON.  259 

making  that  provision  irrepealable  by  any  number 
of  States  that  may  come  into  the  Confederacy. 
Who  were  "allies"  then? 

But,  Mr.  President,  recurring  to  what  I  said 
yesterday,  there  are  two  parties  in  this  country 
that  want  to  break  up  the  Government.  Who 
are  they  ?  The  nullifiers  proper  of  the  South,  the 
secessionists,  or  disunionists  —  for  I  use  them  all 
as  synonymous  terms.  There  is  a  portion  of  them 
who,  per  se,  desire  the  disruption  of  the  Govern 
ment  for  purposes  of  their  own  aggrandizement. 
I  do  not  charge  upon  them  that  they  want  to 
break  up  the  Government  for  the  purpose  of  affect 
ing  slavery ;  yet  I  charge  that  the  breaking  up  of 
the  Government  would  have  that  effect ;  the  result 
would  be  the  same.  Who  else  is  for  breaking  up 
this  Government?  I  refer  to  some  bad  men  in 
the  North.  There  is  a  set  of  men  there  who  are 
called  Abolitionists,  and  they  want  to  break  up 
the  Government.  They  are  disunionists  ;  they  are 
secessionists ;  they  are  nullifiers.  Sir,  the  Abo 
litionists  and  the  distinguished  Senator  from  Mis 
sissippi  and  his  party  both  stand  in  the  same  atti 
tude,  to  attain  the  same  end,  a  dissolution  of  this 
Union ;  the  one  party  believing  that  it  will  result 
in  their  own  aggrandizement  South,  and  the  other 
believing  that  it  will  result  in  the  overthrow  of  the 

O 

institution  of  slavery.  Who  are  the  disunionists 
of  the  North  ?  Who  are  the  "  allies  "  of  the  dis 
tinguished  Senator  from  Mississippi?  We  find 


260  THE   SPEECHES 

that  a  resolution  was  adopted  at  the  anniversary 
of  the  Massachusetts  Anti-Slavery  Society,  con 
vened  in  Boston,  in  these  words :  — 

"  Resolved,  That  the  one  great  issue  before  the  country  is 
the  dissolution  of  the  Union,  in  comparison  with  which  all 
other  issues  with  the  slave  power  are  as  dust  in  the  balance  ; 
therefore  we  give  ourselves  to  the  work  of  annulling  this 
covenant  with  death,  as  essential  to  our  own  innocency,  and 
the  speedy  and  everlasting  overthrow  of  the  slave  system." 

This  resolution  was  passed  by  the  Abolition 
anti-slavery  society  of  Massachusetts.  They  think 
a  dissolution  of  the  Union  would  result  in  the  de 
struction  of  slavery,  and  absolve  them  from  this 
"  covenant  with  death,"  and  attest  their  innocency, 
as  far  as  the  Government  is  concerned.  On  that, 
we  find  that  Mr.  Wendell  Phillips  made  the  follow 
ing  remarks  :  — 

"  I  entirely  accord  with  the  sentiments  of  that  last  resolu 
tion.  I  think  all  we  have  to  do  is  to  prepare  the  public  mind  by 
the  daily  and  hourly  presentation  of  the  doctrine  of  disunion. 
Events  which,  fortunately  for  us,  the  Government  itself,  and 
other  parties,  are  producing  with  unexampled  rapidity,  are  our 
best  aid." 

Again :  in  reply  to  a  remark  made  by  Mr.  Gid- 
dings,  respecting  the  dissolution  of  the  Union,  the 
"  Boston  Liberator  "  says  :  — 

"  Mr.  Giddings  says  truly,  that  the  dissolution  of  the  Union 
has  long  been  held  up  as  a  scarecrow  by  the  South  :  but 
when  he  adds  that  the  friends  of  liberty  never  demanded  it, 
his  statement  is  untrue,  unless  he  means  to  confine  it  to  his 
political  associates,  who  are  but  compromisers  at  last.  We 


OF  ANDREW  JOHXSOX.  261 

demand  nothing  short  of  a  dissolution,  absolute  and  immediate. 
The  Union  which  was  founded  by  our  fathers  was  cemented  by 
the  blood  of  the  slave,  and  effected  through  his  immolation." 

And  still  further:  William  Lloyd  Garrison,  at 
a  Fourth  of  July  celebration,  at  Framingham, 
Massachusetts,  declared  :  — 

"  Let  us  then  to-day,  rejecting  as  wild  and  chimerical  all 
suggestions,  propositions,  and  contrivances  for  restraining 
slavery  in  its  present  limits,  while  extending  constitutional 
protection  to  it  in  fifteen  of  the  States,  register  our  pledge 
anew  before  Heaven  and  the  world,  that  we  will  do  what  in 
us  lies  to  effect  the  eternal  overthrow  of  this  blood-stained 
Union ;  that  thus  our  enslaved  countrymen  may  find  a  sure 
deliverance,  and  we  may  no  longer  be  answerable  for  their 
blood." 

The  Union  is  to  be  overthrown  by  way  of  get 
ting  clear  of  the  "great  sin  of  slavery."  Mr- 
J.  B.  Swasey,  on  the  same  occasion,  said  :  — 

"  In  the  olden  times  I  was  what  was  called  an  anti-slavery 
Whig ;  but,  Mr.  President,  it  has  come  to  my  mind,  like  a  con 
viction,  that  it  is  utterlv  in  vain  to  hope  that  we  can  live  under 
such  a  Government  as  this,  with  our  professions,  and  with  our 
pretended  love  of  freedom  and  right.  Why,  the  thing  is  im 
possible.  There  cannot,  in  the  nature  of  things,  be  any  union 
between  the  principles  of  liberty  and  slavery.  There  never 
has  been  any  union,  except  by  the  subjugation  of  the  principles 
of  liberty  to  those  of  despotism.  For  one,  sir,  I  believe  that 
the  duty  of  every  true  man  is  to  take  the  ground  of  secession." 

Again :  Wendell  Phillips,  in  a  speech  at  Boston 
on  the  20th  of  January,  argued  that  disunion  was 
desirable,  because  it  would  abolish  slavery.  He 


262  THE  SPEECHES 

also    argued   that   the    North   would   gain  by   dis 
union,  and  used  the  following  language  :  — 

"  Sacrifice  everything  for  the  Union  ?  God  forbid  !  Sac 
rifice  everything  to  keep  South  Carolina  in  it  ?  Rather  build 
a  bridge  of  gold,  and  pay  her  toll  over  it.  Let  her  march  off 
with  banners  and  trumpets,  and  we  will  speed  the  parting 
guests.  Let  her  not  stand  upon  the  order  of  her  going,  but 
go  at  once.  Give  her  the  forts  and  arsenals  and  sub-treasuries, 
and  lend  her  jewels  of  silver  and  gold,  and  Egypt  will  rejoice 
that  she  has  departed." 

He  looks  upon  disunion  as  the  beginning  of  the 
destruction  and  overthrow  of  the  institution  of 
slavery.  Then,  when  we  come  to  talk  about 
"  allies,"  whose  allies  are  these  gentlemen  ?  Whose 
allies  are  the  Abolitionists  of  the  North,  if  they  are 
not  the  allies  of  the  secessionists  and  disunionists 
of  the  South  ?  Are  they  not  all  laboring  and  toil 
ing  to  accomplish  the  same  great  end,  the  over 
throw  of  this  great  nation  of  ours  ?  Their  object 
is  the  same.  They  are  both  employing,  to  some 
extent,  the  same  means.  Here  is  Wendell  Phil 
lips  ;  here  is  Garrison ;  here  is  the  anti-slavery 
society  of  Massachusetts ;  and  all,  in  the  very 
same  point  of  view,  the  allies  of  the  distinguished 
Senator  from  Mississippi  and  his  coadjutors ;  all 
in  favor  of  disrupting  and  breaking  down  this 
Union,  with  the  view  of  destroying  the  institution 
of  slavery  itself.  "  Allies  laboring  to  destroy  the 
Government !  "  Who  else  are  laboring  to  destroy 
it  but  the  disunionists  and  secessionists  of  the 


OF  ANDREW  JOHNSON.  263 

South,  and  Garrison  and  Phillips,  and  the  long 
list  that  might  be  enumerated  at  the  North  ?  '  Here 
they  stand,  presenting  an  unbroken  front,  to  de 
stroy  this  glorious  Union,  which  was  made  by  our 
fathers. 

Mr.  President,  I  have  alluded  to  this  subject  of 
"  allies  "  in  order  to  show  who  is  engaged  in  this 
unholy  and  nefarious  work  of  breaking  up  this 
Union.  We  find  first  the  run-mad  Abolitionists 
of  the  North.  They  are  secessionists  ;  they  are 
for  disunion ;  they  are  for  dissolution.  When  we 
turn  to  the  South  we  see  the  red-hot  disunionists 
and  secessionists  engaged  in  the  same  work.  I 
think  it  comes  with  a  very  bad  grace  from  them 
to  talk  about  the  "allies"  of  others  who  are  try 
ing  to  save  the  Union  and  preserve  the  Constitu 
tion. 

I  went  back  yesterday  and  showed  that  South 
Carolina  had  held  this  doctrine  of  secession  at  a 
very  early  day,  a  very  short  time  after  she  entered 
into  the  Articles  of  Confederation,  and  after  she  had 
entered  the  Union  by  which  and  through  which 
the  independence  of  the  country  was  achieved. 
What  else  do  we  find  at  a  very  early  day?  Go 
to  Massachusetts  during  the  war  of  1812,  and 
the  Hartford  Convention,  and  there  you  will  find 
men  engaged  in  this  treasonable  and  unhallowed^ 
work.  Even  in  1845,  Massachusetts,  in  mani 
festing  her  great  opposition  to  the  annexation  of 
Texas  to  the  United  States,  passed  a  resolution 


264  THE  SPEECHES 

resolving  herself  out  of  the  Union.  She  seceded ; 
she  went  off  by  her  own  act,  because  Texas  was 
admitted  into  the  Union.  Thus  we  find  South 
Carolina  and  Massachusetts  taking  the  lead  in  this 
secession  movement.  We  find  the  Abolitionists 
proper  of  the  North  shaking  the  right  hand  of 
fellowship  with  the  disunionists  of  the  South  in 
this  work  of  breaking  up  the  Union  ;  and  yet  we 
hear  intimations  here  that  Senators  from  the  South 
who  are  not  secessionists  are  Black  Republican 
allies  !  If  I  were  compelled  to  choose  either,  —  I 
would  not  wish  to  be  compelled  to  make  a  choice, 
—  but  if  I  were  compelled  to  be  either,  having  the 
privilege  of  choosing,  I  would  rather  be  a  black 
Republican  than  a  red  one.  I  think  the  one  is 
much  more  tolerable  than  the  other.  If  red  repub 
licanism  is  ever  to  make  its  way  into  this  country, 
it  is  making  its  way  in  this  disunion  and  secession 
movement  that  is  now  going  on  ;  for  we  see  that 
right  along  with  the  sentiment  of  secession  the 
reign  of  terror  prevails.  Everything  is  carried 
away  by  it,  while  the  conservative  men  of  the 
country  are  waiting  for  the  excited  tempest  to  pass. 
It  is  now  sweeping  over  the  country.  Everything 
is  carried  by  usurpation,  and  a  reign  of  terror  fol 
lows  along  in  its  wake. 

I  am  charged  with  being  "  an  ally  "  of  the  Sen 
ator  from  Ohio !  I,  who,  from  my  earliest  infancy, 
or  from  the  time  I  first  comprehended  principle, 
down  to  the  present  time,  have  always  stood  bat- 


OF  ANDREW  JOHNSON.  265 

tling  for  the  same  great  principles  that  I  contend 
for  now  !  My  people  know  me  ;  they  have  tried 
me  ;  and  your  little  innuendoes  and  your  little  in 
directions  will  not  alarm  them,  even  if  your  infu 
riated  seceding  Southern  men  dare  to  intimate  that 

O 

I  am  an'ally  of  Mr.  Wade.  The  Senator  charges 
me  with  being  "  an  ally  "  ;  while  he  and  the  leaders 
of  Abolitionism  are  uniting  all  their  energies  to 
break  up  this  glorious  Union.  I  an  ally !  Thank 
God,  I  am  not  in  alliance  with  Giddings,  with 
Phillips,  with  Garrison,  and  the  long  list  of  those 
who  are  engaged  in  the  work  of  destruction,  and  in 
violating  the  Constitution  of  the  United  States. 

So  much,  Mr.  President,  tn  regard  to  the  argu 
ment  about  allies.  I  am  every  man's  ally  when  he 
acts  upon  principle.  I  have  laid  down,  as  the  car 
dinal  point  in  my  political  creed,  that,  in  all  ques 
tions  that  involve  principle,  especially  where  there 
was  doubt,  I  would  pursue  principle  ;  and  in  the 
pursuit  of  a  great  principle  I  never  could  reach  a 
wrong  conclusion.  If,  in  the  pursuit  of  principle, 
in  trying  to  reach  a  correct  conclusion,  I  find  my 
self  by  the  side  of  another  man  who  is  pursuing  the 
same  principle,  or  acting  upon  the  same  line  of 
policy,  I  extend  to  him  my  assistance,  and  I  ask  his 
in  return. 

But  the  Senator  from  Mississippi,  in  his  reply  to 
me,  also  said  :  — 

"  I  was  reading,  a  short  time  ago,  an  extract  which  referred 
to  the  time  when  '  we  '  —  I  suppose  it  means  Tennessee  — 
23 


266  THE   SPEECHES 

would  take  the  position  which  it  was  said  to  be  an  absurdity 
for  South  Carolina  to  hold;  and  Tennessee  still  was  put,  in  the 
same  speech,  in  the  attitude  of  a  great  objector  against  the 
exercise  of  the  right  of  secession.  Is  there  anything  in  her 
history  which  thus  places  her  ?  Tennessee,  born  of  secession, 
rocked  in  the  cradle  of  revolution,  taking  her  position  before 
she  was  matured,  and  claiming  to  be  a  State  because  she  had 
violently  severed  her  connection  with  North  Carolina,  and 
through  an  act  of  secession  and  revolution  claimed  then  to  be 
a  State." 

I  suppose  it  was  thought  that  this  would  be  a 
poser  ;  that  it  would  be  conclusive  ;  and  as  Ten 
nessee  was  "  born  of  secession,  rocked  in  the  cradle 
of  revolution,"  I  was  estopped ;  that  my  lips  were 
hermetically  sealed,  so  far  as  related  to  anything  I 
could  give  utterance  to  in  opposition  to  this  heresy. 
When  we  come  to  examine  the  history  of  that 
subject,  we  find  the  Senator  has  fallen  into  just  as 
great  an  error  as  he  did  in  his  allusion  to  allies. 
Tennessee  had  her  birth  not  in  secession  —  very  far 
from  it.  The  State  of  Frankland  had  its  origin  in 
that  way.  They  attempted  to  separate  themselves 
from  the  State  of  North  Carolina.  When  was  that  ? 
In  1784.  Peace  was  made  in  1783  ;  but  in  1784, 
—  I  read  from  Wheeler's  "  History  of  North  Caro 
lina,"- 

"  In  1 784,  the  General  Assembly,  in  April,  at  Hillsboro' 
among  other  acts  for  the  relief  of  the  General  Government, 
ceded  her  western  lands,  and  authorized  her  delegation  in 
Congress  to  execute  a  deed,  provided  Congress  would  accept 
this  offer  within  two  years. 

"  This  act,  patriotic  and  self-sacrificing,  was  worthy  of  the 


OF  ANDREW  JOHNSON.  267 

State ;  and  although  not  then  accepted  by  Congress,  was  the 
real  source  of  the  civil  commotion  which  we  are  about  to 
record." 

What  was  that  civil  commotion  ?  The  pioneers 
of  that  country  had  suffered  great  hardships,  and 
they  viewed  with  suspicion  this  act  of  1784.  On 
the  24th  of  August  of  that  year,  they  held  a  con 
vention  at  Jonesboro',  and  resolved  to  send  a  person 
to  Congress  to  urge  the  acceptance  of  the  offer  of 
North  Carolina.  But  I  will  read  from  this  history  : 

"  The  General  Assembly  of  North  Carolina  met  at  Newbern 
on  the  22d  October,  1784,  and  repealed  the  act  of  the  former 
session,  in  consequence  of  which  the  convention  at  Jonesboro' 
broke  up  in  confusion." 

"  The  spirit  of  the  people  was  roused.  On  December  4, 
1784,  a  convention  of  five  delegates  from  each  county  met  at 
Jonesboro'.  John  Sevier  was  made  president  of  this  conven 
tion.  They  formed  a  constitution  for  the  State  of  Frankland, 
which  was  to  be  rejected  or  received  by  another  body,  '  fresh 
from  the  people,' to  meet  at  Greenville  in  November,  1785. 
This  body  met  at  the  time  and  place  appointed  ;  the  constitu 
tion  was  ratified  ;  Langdon  Carter  was  Speaker  of  the  Senate  ; 
William  Cage,  Speaker  of  the  House  of  Commons.  John 
Sevier  was  chosen  Governor ;  David  Campbell,  Joshua  Gist, 
and  John  Henderson,  judges  of  the  superior  court.  Other 
officers,  civil  and  military,  were  appointed. 

"  The  General  Assembly  of  the  State  of  Frankland,  by  a 
communication  signed  by  both  Speakers,  informed  Richard 
Caswell,  Esq.,  Governor  of  North  Carolina,  that  the  people  of 
the  counties  of  Washington,  Sullivan,  and  Greene,  had  de 
clared  themselves  sovereign,  and  independent  of  the  State  of 
North  Carolina. 

"  Governor  Caswell  was  a  soldier  and  a  statesman.     He  was 


268  THE  SPEECHES 

not  of  a  temper  to  brook  such  high-handed  measures.  Ho 
issued,  on  the  25th  of  April,  1785,  his  proclamation  against  this 
lawless  thirst  for  power." 

"  But  the  State  of  Frankland  did  not  heed  this  warning,  so 
properly  expressed,  and  so  dignified  in  its  character  and  tone. 
It  proceeded  to  erect  new  counties,  levy  taxes,  appropriate 
money,  form  treaties  with  the  Indians,  and  exercise  all  the 
power  and  prerogatives  of  a  sovereign  State." 

"  The  scarcity  of  money  was  severely  felt.  The  salary  of 
the  Governor  was  £200  annually  ;  a  judge  £150  ;  the  treasurer 
£40  ;  to  be  paid  from  the  treasury.  The  taxes  were  to  be 
paid  into  the  treasury,  in  the  circulating  medium  of  Frank- 
land,  such  as  they  had,  namely :  good  flax  linen,  ten  hundred, 
at  three  shillings  and  six  pence  per  yard  ;  good  clean  beaver 
skins,  six  shillings  each;  racoon  and  fox  skins,  at  one  shilling 
and  three  pence  ;  deer  skins,  six  shillings ;  bacon,  at  six  pence 
per  pound  ;  tallow,  at  six  pence ;  good  whiskey,  at  two  shillings 
and  six  pence  a  gallon. 

"  This  has  given  rise  to  some  humor  at  the  expense  of  the 
State  of  Frankland.  It  was  referred  to  in  debate  in  our 
House  of  Commons,  1827,  by  H.  C.  Jones,  and  in  Congress 
some  years  ago  by  Hon.  Daniel  Webster  ;  which  was  replied  to 
by  Hon.  Hugh  L.  White.  It  was  pleasantly  stated  that  the 
salaries  of  the  Governor  and  judges  were  paid  in  fox-skins, 
and  the  fees  of  the  sheriff  and  constables  in  mink-skins,  and 
that  the  Governor,  the  sheriffs,  and  constables  were  compelled 
to  receive  the  skins  at  the  established  price. 

"  Even  this  primitive  currency  was,  by  the  ingenuity  of 
man,  extensively  counterfeited,  by  sewing  racoon-tails  to  the 
opossum-skins,  —  opossum-skins  being  worthless  and  abundant, 
and  racoon -skins  were  valued  by  law  at  one  shilling  and  three 
pence." 

"  The  General  Assembly  of  North  Carolina,  assembled  at 
Newborn,  in  November,  1785,  passed  an  act  to  bury  in  oblivion 
the  conduct  of  Frankland,  provided  they  returned  to  their 
allegiance,  and  appointed  elections  to  be  held  in  the  different 


OF  ANDREW  JOHNSON.  269 

counties  for  members  to  the  General  Assembly  of  North 
Carolina,  and  also  appointed  civil  and  military  officers  to 
support  those  already  appointed.  The  next  year,  1786,  pre 
sented  a  strange  state  of  affairs  ;  two  empires  extended  at  the 
same  time  over  the  same  territory  and  over  the  same  people. 

"  Courts  were  held  by  botK  Governments,  military  officers 
appointed  by  both,  to  exercise  the  same  powers.  John  Tip- 
ton  headed  the  party  for  North  Carolina,  and  John  Sevier  the 
Frankland  party." 

"  The  next  year  taxes  were  imposed  by  both  administra 
tions  ;  but  the  people  most  innocently  pretended  that  they  did 
not  know  to  whom  to  pay  ;  so  paid  to  neither.  Thus  deprived 
of  one  of  the  chief  means  of  government,  the  affairs  of  Frank- 
land  were  approaching  to  its  end.  Tipton  and  Sevier  were 
both  residents  of  Washington  County.  Sevier  was  a  brave 
soldier ;  he  had  proved  his  valor  on  King's  Mountain ;  but  he 
was  seduced  by  the  allurements  of  office  and  ambition,  — 

'  The  sin  whereby  the  angels  fell.' 

"  He  applied  to  Dr.  Franklin  for  advice  and  support ;  to  the 
Governor  (Matthews)  of  Georgia,  and  to  Virginia;  from  none 
did  he  receive  any  aid  or  advantage.  He  realized  with  fear 
ful  truth  the  fable  of  Gay,  — 

The  child  who  many  fathers  share, 
Hath  rarely  known  a  father's  care. 
He  who  on  many  doth  depend 
Will  rarely  ever  find  a  friend.'  " 

All  this  shows,  Mr.  President,  that  the  State  of 
Frankland  took  its  origin  in  1784.  A  government 
was  recognized,  and  it  continued  until  September, 
1787.  The  Legislature  that  year  met  at  Green 
ville,  the  very  town  in  which  I  live. 

"In   September,   1787,  the  Legislature  of  Frankland  met 
for  the  last  time  at  Greenville.     John  Menifee  was  Speaker 
23* 


270  THE   SPEECHES 

of  the  Senate,  and  Charles  Robinson  Speaker  of  the  House. 
They  authorized  the  election  of  two  Representatives  to  attend 
the  Legislature  of  North  Carolina,  and  one  of  the  judges  of 
Frankland  was  elected  (David  Campbell)  and  her  Treasurer 
(Langdon  Carter)  the  other. 

"  Had  the  party  of  Sevier  accepted  the  liberal,  fair,  and 
just  proposition  of  Governor  Caswell,  in  1  785,  as  stated  pre 
viously,  how  much  pain  and  trouble  would  have  been  spared 
to  this  country,  and  how  much  personal  suffering  to  himself '? 
With  all  his  virtues,  honesty,  and  former  public  service,  he 
was  at  this  time  a  doomed  man. 

"  On  the  return  of  the  members  from  the  General  Assembly 
at  Tarboro',  in  February,  1788,  it  was  soon  understood  that 
Frankland  was  no  more. 

"  An  execution  against  the  estate  of  General  Sevier  had 
been  placed  in  the  hands  of  the  sheriff,  and  levied  on  his 
negroes  on  Nolichucky  River.  These  were  removed  for  safe 
keeping  to  the  house  of  Colonel  Tipton. 

"  Brave  in  his  character,  obstinate  and  headstrong,  Sevier 
raised  one  hundred  and  fifty  men,  and  marched  to  Tipton's 
house,  on  "Watauga  River,  eight  miles  east  of  Jonesboro'. 
Tipton  had  information  of  Sevier's  design  only  time  enough  to 
obtain  the  aid  of  some  fifteen  friends,  who  were  with  him  on 
Sevier's  arrival. 

"  Sevier,  with  his  troops  and  a  small  cannon,  demanded  an 
unconditional  surrender  of  Tipton  and  all  in  his  house.  Tipton 
had  barricaded  the  house  ;  and  in  reply  to  the  unceremonious 
demand,  sent  him  word  '  to  fire,  and  be  d— d.'  He  then  sent 
a  written  summons  to  surrender.  This  letter  Tipton  forwarded 
forthwith  to  the  colonel  of  the  county,  for  aid.  This  aid, 
through  Robert  and  Thomas  Love,  was  promptly  afforded. 
The  house  was  watched  closely.  A  man  by  the  name  of  Webb 
was  killed,  a  woman  wounded  in  the  shoulder,  and  a  Mr.  Vann. 
While,  from  extreme  cold,  Sevier's  guards  were  at  the  fire,  a 
large  reinforcement  from  Sullivan  County,  under  Maxwell  and 


OF  ANDREW  JOHNSON.  271 

Pemberton,  passed  the  guard,  and  joined  the  beleaguered 
household.  The  moment  the  junction  was  formed  they  sallied 
out  with  shouts ;  a  tremor  seized  the  troops  of  Sevier,  who  fled 
in  all  directions  at  the  first  fire  of  Tipton.  Pugh,  the  high 
sheriff  of  Washington,  was  mortally  wounded,  and  many  taken 
prisoners.  Sevier  himself  escaped ;  his  two  sons,  James  and 
John,  were  prisoners." 

"  Judge  Spencer,  one  of  the  judges  of  the  State  of  North 
Carolina,  holding  court  at  Jonesboro',  issued  a  bench-warrant 
against  Governor  Sevier  for  high  treason,  (L788.) 

"  In  October,  Colonels  Tipton,  Love,  and  others,  appre 
hended  Sevier,  at  the  house  of  Mrs.  Brown,  near  Jonesboro'. 
Tipton  was  armed,  and  swore  that  he  would  kill  Sevier ;  and 
Sevier  really  thought  he  would  do  so.  Tipton  was,  however, 
with  much  exertion,  pacified.  Handcuffs  were  placed  upon 
Governor  Sevier,  and  he  was  carried  to  Jonesboro.'  From 
thence  he  was  carried,  under  strong  guard,  to  Morganton,  in 
Burke  County,  North  Carolina,  and  delivered  to  William 
Morrison,  the  sheriff  of  Burke. 

"  As  he  passed  through  Burke,  General  Charles  McDowell 
and  General  Joseph  McDowell  (the  latter  who  was  with  him 
in  the  battle  of  King's  Mountain,  and  fought  by  his  side) 
became  his  securities  for  a  few  days,  until  he  could  see  some 
friends.  He  returned  punctually,  and  upon  his  own  respon 
sibility  the  sheriff  allowed  him  time  to  procure  bail.  His  two 
sons,  with  friends,  came  to  Morganton  privately,  and  under 
their  escort  he  escaped. 

"  Thus  the  career  of  the  first  and  last  Governor  of  Frank- 
land  terminated.  But  with  all  his  defects,  John  Sevier  had 
many  virtues.  He  was  fearless  to  a  fault,  kind  to  his  friends, 
and  hospitable  to  all.  This  gave  him  great  weight  among  the 
people ;  and  although  in  the  General  Assembly  of  North 
Carolina,  (Fayetteville,)  in  1788,  general  oblivion  and  pardon 
were  extended  to  all  concerned  in  the  late  revolt,  John  Sevier 
was  especially  excepted  in  the  act,  and  debarred  from  all 
offices  of  trust,  honor,  or  profit. 


272  THE   SPEECHES 

"  The  next  year  (1789)  so  great  a  favorite  with  the  people 
was  Sevier,  that  he » was  elected  from  Greene,  to  represent 
that  county  in  the  Senate  of  the  'General  Assembly  of  North 
Carolina.  He  appeared  at  Fayetteville  at  the  time  appointed 
for  the  meeting  of  the  Legislature,  (second  Monday  of  No 
vember.) 

"  Such  was  the  sense  of  his  worth,  or  his  contrition  for  the 
past,  that  the  Legislature  passed  early  an  act  repealing  the 
section  disqualifying  him  from  any  office ;  and  on  taking  the 
oath  of  allegiance,  he  was  allowed  his  seat.  Thus  were  the 
difficulties  settled. 

"  North  Carolina  had  ever  been  willing  to  allow  her  daughter 
to  set  up  for  herself  when  of  lawful  age  and  under  proper 
restrictions.  Cherishing  this  feeling,  she  was  never  unjust 
towards  her  fair  and  lovely  offspring. 

"  On  the  25th  of  February,  1790,  as  authorized  by  a  pre 
vious  act  of  the  General  Assembly,  passed  in  the  year  1789, 
Samuel  Johnston  and  Benjamin  Hawkins,  Senators  in  Con 
gress,  executed  a  deed  to  the  United  States  in  the  words  of 
the  cession  act ;  and  on  the  2d  of  April  of  that  year,  Congress 
accepted  the  deed,  and  Tennessee  was  born. 

"By  proclamation,  dated  September  1,  1790,  Governor 
Martin  announced  that  the  Secretary  of  State  for  the  United 
States  had  transmitted  to  him  a  copy  of  the  act  of  Congress, 
accepting  the  cession  of  North  Carolina  for  this  district  of  the 
western  territory,  and  the  inhabitants  of  said  district  '  would 
take  due  notice  thereof,  and  govern  themselves  accordingly.' " 

John  Sevier  was  brave  and  patriotic,  a  man  loved 
by  the  people  ;  but  he  had  fallen  into  this  error  of 
secession  or  separation  from  the  State  of  North 
Carolina  that  I  have  called  your  attention  to  here  in 
the  history  of  that  State.  We  find  that  this  doctrine 
of  secession  could  not  even  be  sustained  by  him, 
with  his  great  popularity  and  with  the  attachment 


OF  ANDREW  JOHNSON.  273 

the  people  had  for  him.  Instead  of  Tennessee 
having  her  origin  or  her  birth  in  secession,  the  pre 
cise  reverse  is  true.  The  State  of  Frankland  had 
its  birth  in  an  attempt  at  disunion  and  was  rocked 
to  death  in  the  cradle  of  secession  ;  and  its  great 
defender  and  founder  at  that  time,  notwithstanding 
his  great  popularity  and  the  attachment  the  people 
had  for  him,  was  lodged  in  irons.  That  is  where 
secession  carried  him,  with  all  his  popularity,  with 
all  his  patriotism,  with  all  the  attachment  the  people 
had  for  him.  Yes,  sir,  this  nefarious,  this  blighting, 
this  withering  doctrine  of  secession  ended  by  placing 
that  distinguished  man  in  irons. 

What  next  occurred  ?  North  Carolina  passed  a 
law  for  general  pardon  and  oblivion  for  all  those 
that  had  been  engaged  in  this  movement,  with  the 
exception  of  this  great  man,  John  Sevier.  His 
name  is  even  now  venerated  in  the  section  of  the 
country  where  I  live ;  but,  with  all  his  talents  and 
popularity,  this  infamous,  this  diabolical,  this  hell- 
born  and  hell-bound  doctrine  of  secession  carried 
him  into  chains.  The  State  of  Frankland  had  ex 
pired,  rocked  to  death  in  the  cradle  of  secession,  and 
he  went  back  to  Greene  County,  and  was  elected  a 
member  of  the  Legislature  of  North  Carolina.  In 
passing  .  this  general  oblivion  and  pardon,  he  was 
made  an  exception  ;  and  he  was  not  permitted  to 
take  his  seat  in  the  Legislature  until  the  exception 
was  removed.  It  was  removed,  and  he  took  his  seat 
in  the  Legislature  of  North  Carolina.  Frankland 


274  THE   SPEECHES 

had  expired ;  it  was  no  more ;  and  yet  we  see  the 
odious  weight  that  was  heaped  upon  him  by  this 
nefarious  doctrine  of  secession. 

Then  what  follows,  Mr.  President  ?  When  we 
turn  to  the  history,  we  find  that  North  Carolina 
then  made  her  cession  act,  completed  it  in  1790, 
and  ceded  the  territory  to  the  United  States.  A 
territorial  government  was  established.  General 

O 

Washington  himself  appointed  the  first  officers  in 
the  Territory,  which  was  then  styled  "  the  Territory 
southwest  of  the  river  Ohio."  In  1794  the  Council 
or  Legislature  of  that  Territory  elected  James  White 
the  first  delegate  to  the  Congress  of  the  United 
States  from  the  Territory  southwest  of  the  river 
Ohio  —  not  Frankland  or  Franklin,  for  that  is 
numbered  with  the  things  that  were,  but  are  not. 
Even  with  the  popularity  of  the  name  of  Dr.  Frank 
lin,  it  was  consigned  to  oblivion.  In  1794  the 
delegate  to  represent  the  Territory  made  his  ap 
pearance  here,  and  took  his  seat.  In  1796  the 
constitution  was  formed ;  and  then  it  was  that 
Tennessee  began  her  existence.  The  peace  was 
made  in  1783,  and  in  1796  Tennessee  formed  her 
constitution  and  applied  for  admission  into  this 
Union.  Then  it  was  that  Tennessee  was  brought 
into  existence.  She  did  not  pass  through  this  ordeal 
of  secession;  this  probation  of  disunion.  She  germi 
nated  upon  proper  principles.  The  Territory  was 
first  organized  bv  Congress  after  the  death  of  the 

O  .'  £"> 

organization    called   Frankland ;    and  in    1796  the 


OF  ANDREW  JOHNSON.  275 

people  of  Tennessee  formed  their  constitution,  and 
were  admitted  into  the  Union  as  a  State. 

And,  sir,  who  came  into  the  Union  with  her 
when  she  was  admitted  as  a  State  ?  Andrew  Jack 
son.  It  may  have  been  that  his  early  knowledge  of 
the  country,  it  may  have  been  that  his  early  infor 
mation  upon  the  subject,  made  him  understand  and 
appreciate  ever  afterwards  the  value  of  the  Union. 
When  Tennessee  was  ushered  into  this  family  of 
States,  as  an  equal  member  of  the  Confederacy, 
General  Jackson  took  his  seat  as  her  Representative. 
The  Senator  from  Mississippi  said  that  Tennessee 
was  "  born  in  secession  ;  rocked  in  the  cradle  of 
revolution."  Sir,  she  has  many  fond  recollections 
of  the  Revolution  ;  but  with  all  her  revolutionary 
character,  her  people  have  never  attempted  seces 
sion.  General  Jackson  first  represented  her  in  Con 
gress  when  she  came  into  the  Union  ;  she  brought 
him  to  the  notice  of  the  people  of  the  United  States 
as  a  public  man.  In  1833,  when  an  attempt  some 
what  similar  to  the  present  was  made,  he  wras  Pres 
ident  of  the  United  States  ;  and  it  is  unnecessary 
for  me  to  relate  what  his  views  of  secession  were 
then.  It  is  not  necessary  for  me  to  refer  to  the  acts 
of  General  Jackson  in  1833.  And  now,  sir,  not  in 
tending  to  disparage  others,  but  to  give  utterance  to 
my  conscientious  belief,  I  must  say  that  if  such  a 
man  as  Andrew  Jackson  were  President  of  the 
United  States  at  the  present  time,  before  this  mo 
ment  steps  would  have  been  taken  which  would 


276  THE  SPEECHES 

have  preserved  us  a  united  people  without  the 
shedding  of  blood,  without  making  war.  I  believe 
that  if  Andrew  Jackson  were  President  of  the 
United  States,  this  glorious  Union  of  ours  would 
still  be  intact.  Perhaps  it  might  be  jarred  a  little 
in  some  places,  but  not  sufficiently  to  disturb  the 
harmony  and  general  concord  of  the  whole.  That 
is  my  opinion.  I  do  not  say  it  to  disparage  others  ; 
but  I  believe  that  this  would  have  been  the  case  if 
he  had  been  President,  pursuing  the  policy  which  I 
feel  certain  he  would  have  pursued  in  such  an 
emergency. 

Tennessee  came  into  the  Union  in  1796.  She 
was  the  third  State  that  entered  the  Confederacy 
after  the  old  thirteen  ratified  the  Constitution.  She 
was  in  this  Union  before  Alabama,  before  Mississippi, 
before  Louisiana,  before  Florida  had  an  existence. 
There  was  a  Union  then,  and  she  was  in  it.  She 
lias  been  in  it  ever  since  ;  and  she  has  continued  to 
contribute  her  money,  her  men,  and  her  blood,  to 
the  defence  of  the  flag  of  the  Union  ;  and  though 
these  other  States  may  go  out,  I  trust  in  God  that 
she  will  still  remain  in  the  position  she  occupied 
before  they  were  spoken  into  existence.  We  have 
been  told  that  the  Union  is  broken  up  —  that  it  is 
already  dissolved.  Why,  sir,  according  to  the  Con 
stitution,  nine  States  formed  the  Government ;  and 
provision  was  made  for  taking  in  new  States. 
Taking  in  a  State  or  taking  out  a  State  does  not 
disturb  the  Union.  It  was  a  Union  before  the 


OF  ANDREW  JOHNSON.  277 

State  came  in  ;  it  is  a  Union  after  it  goes  out.  We 
got  along  very  well  before  these  States  came  in  ;  and 
where  is  the  great  injury  now  to  result  to  Tennessee 
because  they  propose  to  go  out? 

I  took  occasion,  in  my  former  remarks,  to  call  the 
attention  of  the  Senate,  and  of  my  constituents  to 
the  extent  that  I  have  the  honor  to  represent  them, 
to  the  kind  of  government  that  was  likely  to  be 
formed  by  the  seceding  States,  and  the  country  they 
might  acquire  after  they  did  secede.  In  relation  to 
this,  the  Senator  from  Mississippi  said,  — 

"  But  the  Senator  found  somewhere,  I  believe  in  Georgia,  a 
newspaper  article  which  suggested  the  advantages  of  a  con 
stitutional  monarchy.  Does  the  Senator  believe  there  is  any 
considerable  number  of  people  in  any  of  the  States  who  favor 
the  establishment  of  a  constitutional  monarchy  ?  " 

The  Senator  from  Georgia1  felt  called  upon  to 
say  something  in  the  same  connection.  He  said, — 

"  As  allusion  has  been  made  by  the  Senator  from  Missis 
sippi  to  an  article  which  appeared  in  a  paper  in  my  own  town, 
and  about  which  a  good  deal  of  noise  has  been  made,  and 
which  was  referred  to  by  the  Senator  from  Tennessee,  in  his 
celebrated  speech,  the  other  day,  as  evidence  that  there  was  a 
party  in  the  South  in  favor  of  a  constitutional  monarchy  "  — 

He  went  on  to  state  that  that  idea  was  suggested 

OO 

in  some  paper,  he  could  not  exactly  tell  how  ;  but 
it  was  not  by  the  editor,  and  it  did  not  amount  to 
much.  I  did  not  refer  to  a  single  paper  ;  but  I  made 
various  extracts  from  newspapers  and  speeches, 
simply  as  surface  indications,  as  symptoms  of  what 

1  Mr.  Iverson. 
24 


278  THE  SPEECHES 

lay  below,  and  what  was  intended  to  be  the  result. 
I  referred  to  the  "  Charleston  Mercury  "  ;  I  referred 
to  other  papers ;  I  referred  to  the  speeches  of  distin 
guished  men,  some  of  them  leaders  in  this  move 
ment.  Is  it  not  apparent,  now,  that  unless  the 
public  mind  is  aroused,  unless  the  people  are  put  on 
the  alert,  there  is  a  design  to  establish  a  government 
upon  the  principles  of  a  close  corporation  ?  Can  any 
one  that  has  the  least  sagacity  be  so  unobservant  as 
not  to  see  what  is  going  on  in  the  South  ?  It  is 
apparent  to  all.  They  seem  to  unite  in  setting  out 
with  the  proposition  that  the  new  confederacy  shall 
exclude  every  State  which  is  not  slaveholding,  for 
the  reason  that  those  States  which  are  interested  in 
slaves  should  have  the  exclusive  control  and  manage 
ment  of  them.  Here  is  a  great  family  of  States, 
some  free  and  some  slave,  occupying,  in  one  sense, 
the  same  relation  to  each  other  that  individuals  in 
the  community  do  to  one  another.  The  proposition 
is  started  to  form  a  government  of  States  exclusively 
interested  in  slaves.  That  excludes  all  the  free 
States.  Is  the  argument  good  ?  Has  not  slavery 
been  secure  heretofore  in  the  Union  with  non-slave- 
holding  States  ;  and  will  not  our  geographical  and 
physical  position  be  just  the  same  after  the  present 
Union  is  dissolved  ?  Where  does  the  argument 
carry  us  ?  We  must  have  a  confederacy  now  com 
posed  of  slave  States  exclusively.  When  we  have 
excluded  the  free  States,  and  we  come  to  make  a 
new  government,  does  not  the  same  argument  apply 


OF   ANDREW  JOHNSON.  279 

that  we  must  have  a  government  to  be  controlled 
and  administered  by  that  description  of  persons 
among  us  who  are  exclusively  interested  in  slaves  ? 
If  yon  cannot  trust  a  free  State  in  the  confederacy, 
can  you  trust  a  non-slaveholder  in  a  slaveholding 

J  JT? 

State  to  control  the  question  of  slavery  ?  Where 
does  your  argument  carry  you  ?  We  see  where  they 
are  drifting ;  and,  as  a  faithful  sentinel  upon  the 
watch-tower,  I  try  to  notify  the  people  and  sound 
the  tocsin  of  alarm.  If  this  idea  be  not  carried  out, 
it  will  be  because  the  public  feeling,  the  public 
opinion,  is  aroused  against  it. 

I  alluded  yesterday  to  the  fact  that  the  freemen 
of  the  State  of  South  Carolina  have  not  been  per 
mitted  to  vote  for  a  President  since  it  was  a  State. 
There  is  a  great  terror  and  dread  of  the  capacity  of 
the  people  to  govern  themselves.  In  South  Carolina, 
when  the  ordinance  was  passed  to  withdraw  from  the 
Union,  did  the  convention  trust  the  people  to  pass 
their  judgment  upon  it.  Were  they  consulted  ? 
Did  they  indorse  it  ?  Have  they  passed  their  judg 
ment  upon  it  to  this  day  ?  Taking  the  language  of 
Mr.  Boyce  as  an  index  of  their  feeling,  I  have  no 
more  doubt  than  I  have  of  my  existence  that  if  this 
reign  of  terror  subsides,  and  the  hearts  of  the  people 
of  South  Carolina  can  be  gotten  at,  it  will  be  found 
that  a  majority  of  them  disapprove  and  repudiate 
what  has  been  done  there.  What  do  we  find  in  the 
State  of  Georgia  ?  There  the  proposition  was 
moved  to  submit  the  ordinance  to  the  people  ;  and 


280  THE  SPEECHES 

were  the  people  consulted  ?  The  vote  was  138  to 
116,  I  think.  It  shows  a  great  division.  Did  they 
submit  it  to  the  people?  Oh  no.  I  know  some 
thing  of  the  people  of  the  State  of  Georgia  ;  and  I 
believe  this  day,  if  that  seceding  ordinance  could  be 
submitted  to  the  voting  population  of  Georgia,  and 
the  question  be  fully  canvassed  and  fairly  under 
stood,  they  would  repudiate  and  put  it  down.  Go 
to  Florida  :  were  the  people  consulted  there  ?  Not 
at  all.  Look  to  Alabama  ;  look  to  the  arguments 
made  there  in  the  convention.  It  was  said,  our 
power  is  ample  ;  we  must  consummate  this  thing, 
and  not  let  the  people  pass  upon  it.  Louisiana  re 
fused  to  refer  the  matter  to  the  people.  The  people 
have  not  been  consulted.  A  reign  of  terror  has 
been  instituted.  States  have  been  called  upon  to 
make  large  appropriations  of  money  to  buy  arms  and 
munitions  of  war ;  for  what  end  ?  The  idea  has 
been  :  "  we  can,  almost  with  the  speed  of  lightning, 
run  States  out  of  the  Union  without  consulting  the 
people  ;  and  then,  if  they  dare  resist,  we  have  got 
an  army,  we  have  got  the  money  to  awe  them  into 
submission."  These  gentlemen  are  very  fearful  of 
coercion,  exceedingly  alarmed  at  the  word  "  coerce  "; 
but  when  you  attempt  to  interpose  and  stop  their 
career,  they  do  not  know  of  any  other  term  but  coer 
cion.  Look  at  the  despatch  which  Governor  Pickens 
sent  to  Mississippi :  — 

CHARLESTON,  January,  19,  1861. 

Judge  Magrath  and  myself  have    sent  four  telegraphs  to 
you.     Please  urge  Mississippi  to  send  delegates  to  the  Mont- 


OF  ANDREW  JOHNSON.  281 

gomery  meeting  of  States,  at  as  early  a  day  as  possible  —  say 
4th  of  February  —  to  form  immediately  a  strong  provisional 
government.  It  is  the  only  thing  to  prevent  war,  and  let  that 
convention  elect  immediately  a  commander-in-chief  for  the 
seceding  States.  You  may  as  well  return,  at  least  as  far  as 
Montgomery.  F.  W.  PICKENS. 

To  Hon.  A.  BURT  JACKSON. 

South  Carolina  lias  a  military  establishment,  with 
officers  appointed,  and  the  taxes  necessary  to  support 
them  now  are  grinding  her  people  to  the  dust  ;  but 
she  expects  in  a  very  short  time  to  transfer  that 
military  establishment,  with  her  officers,  to  the 
Southern  Confederacy  that  is  to  be  established  ;  and 
I  suppose  the  great  object  in  getting  the  leader  ap 
pointed  at  once  is  that  they  may  be  able  by  military 
force  to  awe  the  people  into  submission.  Have  we 
not  seen  that  nine  regiments  have  been  authorized 
to  be  raised  in  Mississippi,  and  a  distinguished 
Senator,  who  occupied  a  seat  on  this  floor  a  short 
time  since,  made  the  major-general  ?  No  doubt, 
when  the  scheme  is  consummated  and  carried  out, 
when  the  military  organization  is  complete,  if  the 
people  offer  to  resist,  they  will  be  subdued  and  awed, 
or  driven  into  submission  at  the  point  of  the  bayonet. 
Some  of  these  gentry  are  very  much  afraid  of  the 
people. 

Why,  sir,  a  proposition  was  even  started  in  my 
own  State  to  raise  sixteen  regiments  ;  for  what  ? 
With  whom  are  we  at  war  ?  Is  anybody  attack 
ing  us  ?  No.  Do  we  want  to  coerce  anybody  ? 
No.  What  do  we  want  with  sixteen  regiments  ? 

24* 


282  THE   SPEECHES 

And  it  was  proposed  to  appropriate  $250,000  to 
sustain  them.  There  is  a  wonderful  alarm  at  the 
idea  of  coercing  the  seceding  States  ;  great  dread 
in  reference  to  the  power  of  this  Federal  Govern 
ment  to  secure  obedience  to  its  laws,  and  espe 
cially  in  reference  to  making  war  upon  one  of  the 
States  ;  but  the  public  property  can  be  taken,  your 
flag  can  be  fired  upon,  your  ships  driven  out  of 
port,  your  gallant  officer,  with  a  few  men,  penned 
up  in  a  little  fort  to  subsist  as  best  they  may.  So 
far  as  the  officer  to  whom  I  have  just  alluded  is 
concerned,  I  will  give  utterance  to  the  feelings  of 
my  heart  when  I  express  my  profound  approba 
tion  of  his  conduct.  He  was  put  there  to  defend 
the  flag  of  his  country.  He  was  there  not  as  an 
intruder.  He  was  there  in  possession  of  the  prop 
erty  owned  by  the  United  States,  not  to  menace, 
not  to  insult,  not  to  violate  rights,  but  simply  to 
defend  the  flag  and  honor  of  his  country,  and  take 
care  of  the  public  property ;  and  because  he  re 
tired  from  a  position  where  he  could  have  been 
captured,  where  the  American  flag  could  have  been 
struck  and  made  to  trail  in  the  dust,  And  the  Pal 
metto  banner  substituted,  because  he,  obeying  the 
impulses  of  a  gallant  and  brave  heart,  took  choice 
of  another  position  ;  acting  upon  principles  of  hu 
manity,  not  injuring  others,  but  seeking  to  protect 
his  own  command  from  beino;  sacrificed  and  de- 

O 

stroyed,  he  is  condemned  and  repudiated,  and  his 
action  is  sought  to  be  converted  into  a  menace  of 


OF  ANDREW  JOHNSON.  283 

war.  Has  it  come  to  this,  that  the  Government 
of  the  United  States  cannot  even  take  care  of  its 
own  property,  that  your  vessels  must  be  fired 
upon,  that  your  flag  must  be  struck,  and  still  you 
are  alarmed  at  coercion ;  and  because  a  gallant  offi 
cer  has  taken  possession  of  a  fort  where  he  cannot 
very  well  be  coerced,  a  terrible  cry  is  raised,  and 
war  is  to  be  made  ? 

I  was  speaking  of  the  proposition  brought  for 
ward  in  my  own  State  to  raise  sixteen  regiments. 
Sir,  as  far  back  as  the  battle  of  King's  Mountain, 
and  in  every  war  in  which  the  rights  of  the  people 
have  been  invaded,  Tennessee,  God  bless  her,  has 
stood  by  that  glorious  flag,  which  was  carried  by 
Washington  and  followed  by  the  gallant  patriots 
and  soldiers  of  the  Revolution,  even  as  the  blood 
trickled  from  their  feet  as  they  passed  over  the  ice 
and  snow  ;  and  under  that  flag,  not  only  at  home, 
but  abroad,  her  sons  have  acquired  honor  and  dis 
tinction,  in  connection  with  citizens  of  the  other 
States  of  the  Union.  She  is  not  yet  prepared  to 
band  with  outlaws,  and  make  war  upon  that  flag 
under  which  she  has  won  laurels.  Who  are  we 
going  to  fight  ?  Who  is  invading  Tennessee  ? 
Conventions  are  got  up ;  a  reign  of  terror  is  in 
augurated  ;  and  if,  by  the  influence  of  a  subsidized 
and  mendacious  press,  an  ordinance  taking  the 
State  out  of  the  Confederacy  can  be  extorted,  those 
who  make  such  propositions  expect  to  have  our 
army  ready,  to  have  their  bands  equipped,  to  have 


284  THE  SPEECHES 

their  pretorian  divisions  ;  then  they  will  tell  the 
people  that  they  must  carry  the  ordinance  into 
effect,  and  join  a  Southern  Confederacy,  whether 
they  will  or  not ;  they  shall  be  lashed  on  to  the  car 
of  South  Carolina,  who  entertains  no  respect  for 
them,  but  threatens  their  institution  of  slavery 
unless  they  comply  with  her  terms.  Will  Ten 
nessee  take  such  a  position  as  that  ?  I  cannot  be 
lieve  it ;  I  never  will  believe  it ;  and  if  an  ordinance 
of  secession  should  be  passed  by  that  State  under 
these  circumstances,  and  an  attempt  should  be 
made  to  force  the  people  out  of  the  Union,  as  has 
been  done  in  some  other  States,  without  first 
having  submitted  that  ordinance  to  the  people  for 
their  ratification  or  rejection,  I  tell  the  Senate  and 
the  American  people  that  there  are  many  in  Ten 
nessee  whose  dead  bodies  will  have  to  be  trampled 
over  before  it  can  be  consummated.  [Applause 
in  the  galleries.]  The  Senator  from  Mississippi 
referred  to  the  flag  of  his  country  ;  and  I  will  read 
what  he  said,  so  that  I  may  not  be  accused  of  mis 
representing  him  :  — 

"  It  may  be  pardoned  to  me,  sir,  who,  in  my  very  boyhood, 
was  given  to  the  military  service,  and  who  have  followed  that 
flag  under  tropical  suns,  and  over  northern  snows,  if  I  here 
express  the  deep  sorrow  which  always  overwhelms  me  when 
I  think  of  turning  from  the  flag  I  have  followed  so  long,  for 
which  I  have  suffered  in  ways  it  does  not  become  me  to  speak 
of;  feeling  that  henceforth  it  is  not  to  be  the  banner  I  will 
hail  with  the  rising  sun,  and  greet  as  the  sun  goes  down ;  the 
banner  which,  by  day  and  by  night,  I  am  ready  to  follow. 


OF  ANDREW  JOHXSOX.  285 

But  God,  who  knows  the  hearts  of  men,  will  judge  between 
you  and  us,  at  whose  door  lies  the  responsibility  of  this." 

There  is  no  one  in  the  United  States  who  is  more 
willing  to  do  justice  to  the  distinguished  Senator 
from  Mississippi  than  myself;  and  when  I  consider 
his  early  education  ;  when  I  look  at  his  gallant 
services,  finding  him  first  in  the  military  school 
of  the  United  States,  educated  by  his  Government, 
taught  the  science  of  war  at  the  expense  of  his 
country  —  taught  to  love  the  principles  of  the  Con 
stitution  ;  afterwards  entering  its  service,  fighting 
beneath  the  Stars  and  Stripes  to  which  he  has  so 
handsomely  alluded,  winning  laurels  that  are  green 
and  imperishable,  and  bearing  upon  his  person  scars 
that  are  honorable  ;  some  of  which  have  been  won 
at  home  ;  others  of  which  have  been  won  in  a 
foreign  clime,  and  upon  other  fields  —  I  would  be 
the  last  man  to  pluck  a  feather  from  his  cap  or  a 
single  gem  from  the  chaplet  that  encircles  his  brow. 
But  when  I  consider  his  early  associations  ;  when 
I  remember  that  he  was  nurtured  by  this  Govern 
ment  ;  that  he  fought  for  this  Government  ;  that 
he  won  honors  under  the  flag  of  this  Government, 
I  cannot  understand  how  he  can  be  willing  to  hail 
another  banner,  and  turn  from  that  of  his  country, 
under  which  he  has  won  laurels  and  received  honors. 
This  is  a  matter  of  taste,  however  ;  but  it  seems  to 
me  that,  if  I  could  not  unsheathe  my  sword  in  vin 
dication  of  the  flag  of  my  country,  its  glorious  Stars 
and  Stripes,  I  would  return  the  sword  to  its  scab- 


286  THE  SPEECHES 

bard  ;  I  would  never  slieatlie  it  in  the  bosom  of 
my  mother  ;  never  !  never  !  never  !  Sir,  my  own 
feelings  in  reference  to  that  flag  are  such  as  must 
have  filled  the  heart  of  that  noble  son  of  South 
Carolina,  Joel  R.  Poinsett,  when,  nearly  thirty 
years  ago,  in  an  address  to  the  people  of  Charles 
ton,  he  declared,  — 

"  Wherever  I  have  been,  I  have  been  proud  of  being  a 
citizen  of  this  Republic,  and  to  the  remotest  corners  of  the 
earth  have  walked  erect  and  secure  under  that  banner  which 
our  opponents  would  tear  down  and  trample  under  foot.  I 
was  in  Mexico  when  the  town  was  taken  by  assault.  The 
house  of  the  American  ambassador  was  then,  as  it  ought  to  be, 
the  refuge  of  the  distressed  and  persecuted ;  it  was  pointed 
out  to  the  infuriated  soldiery  as  a  place  filled  with  their  ene 
mies.  They  refused  to  attack.  My  only  defence  was  the  flag 
of  my  country,  and  it  was  thrown  out  at  the  instant  that  hun 
dreds  of  muskets  were  levelled  at  us.  Mr.  Mason  —  a  braver 
man  never-  stood  by  his  friend  in  the  hour  of  danger  —  and 
myself  placed  ourselves  beneath  its  waving  folds  ;  and  the 
attack  was  suspended.  We  did  not  blanch,  for  we  felt  strong 
in  the  protecting  arm  of  this  mighty  Republic.  We  told 
them  that  the  flag  that  waved  over  us  was  the  banner  of  that 
nation  to  whose  example  they  owed  their  liberties,  and  to 
whose  protection  they  were  indebted  for  their  safety.  The 
scene  changed  as  by  enchantment ;  those  men  who  were  on  the 
point  of  attacking  and  massacring  the  inhabitants  cheered 
the  flag  of  our  country,  and  placed  sentinels  to  protect  it 
from  outrage. 

"  Fellow-citizens,  in  such  a  moment  as  that,  would  it  have 
been  any  protection  to  me  and  mine  to  have  proclaimed  my 
self  a  Carolinian  ?  Should  I  have  been  here  to  tell  you  this 
tale  if  I  had  hung  out  the  palmetto  and  single  star  ?  Be 
assured  that,  to  be  respected  abroad,  we  must  maintain  our 
place  in  the  Union." 


OF  ANDREW   JOHNSON.  287 

Sir,  I  intend  to  stand  by  that  flag,  and  by  the 
Union  of  which  it  is  the  emblem.  I  agree  with 
Mr.  A.  H.  Stephens  of  Georgia,  "  that  this  Gov 
ernment  of  our  fathers,  with  all  its  defects,  comes 
nearer  the  objects  of  all  good  governments  than 
any  other  on  the  face  of  the  earth." 

I  have  made  allusions  to  the  various  Senators 
who  have  attacked  me,  in  vindication  of  myself. 
I  have  been  attacked  on  all  hands  by  some  five  or 
six,  and  may  be  attacked  again.  All  I  ask  is,  that, 
in  making  these  attacks,  they  meet  my  positions, 
answer  my  arguments,  refute  my  facts.  I  care  not 
for  the  number  that  may  have  attacked  me  ;  I  care 
not  how  many  may  come  hereafter.  Feeling  that 
I  am  in  the  right,  that  argument,  that  fact,  that 
truth  are  on  my  side,  I  place  them  all  at  defiance. 
Come  one,  come  all ;  for  I  feel,  in  the  words  of 
the  great  dramatic  poet,  — 

"  Thrice  is  he  armed  that  hath  his  quarrel  just; 
And  he  but  naked,  though  locked  up  in  steel, 
Whose  conscience  with  [treason]  is  corrupted." 

I  have  been  told,  and  I  have  heard  it  repeated, 
that  this  Union  is  gone.  It  has  been  said  in  this 
Chamber  that  it  is  in  the  cold  sweat  of  death ; 
that,  in  fact,  it  is  really  dead,  and  merely  lying  in 
state  waiting  for  the  funeral  obsequies  to  be  per 
formed.  If  this  be  so,  and  the  war  that  has  been 
made  upon  me  in  consequence  of  advocating  the 
Constitution  and  the  Union  is  to  result  in  my 
overthrow  and  in  my  destruction;  and  that  flag, 


288  THE  SPEECHES 

that  glorious  flag,  the  emblem  of  the  Union,  which 
was  borne  by  Washington  through  a  seven-years' 
struggle,  shall  be  struck  from  the  Capitol  and 
trailed  in  the  dust  —  when  this  Union  is  interred, 
I  want  no  more  honorable  winding-sheet  than  that 
brave  old  flag,  and  no  more  glorious  grave  than  to 
be  interred  in  the  tomb  of  the  Union.  [Applause 
in  the  galleries.]  For  it  I  have  stood;  for  it  I  will 
continue  to  stand  ;  I  care  not  whence  the  blows 
come  ;  and  some  will  find,  before  this  contest  is 
over,  that  while  there  are  blows  to  be  given,  there 
will  be  blows  to  receive  ;  and  that,  while  others 
can  thrust,  there  are  some  who  can  parry.  God 
preserve  my  country  from  the  desolation  that  is 
threatening  her,  from  treason  and  traitors ! 

"  Is  there  not  some  chosen  curse, 

Some  hidden  thunder  in  the  stores  of  heaven, 
Red  with  uncommon  wrath,  to  blast  the  man 
Who  owes  his  greatness  to  his  country's  ruin?" 

[Applause  in  the  galleries.] 

In  conclusion,  Mr.  President,  I  make  an  appeal 
to  the  conservative  men  of  all  parties.  You  see 
the  posture  of  public  affairs  ;  you  see  the  condition 
of  the  country ;  you  see  along  the  line  of  battle  the 
various  points  of  conflict ;  you  see  the  struggle 
which  the  Union  men  have  to  maintain  in  many 
of  the  States.  You  ought  to  know  and  feel  what 
is  necessary  to  sustain  those  who,  in  their  hearts, 
desire  the  preservation  of  this  Union  of  States. 
Will  you  sit  with  stoic  indifference,  and  see  those 


OF  ANDREW  JOHNSON.  289 

who  are  willing  to  stand  by  the  Constitution  and 
uphold  the  pillars  of  the  Government  driven  away 
by  the  raging  surges  that  are  now  sweeping  over 
some  portions  of  the  country?  As  conservative 
men,  as  patriots,  as  men  who  desire  the  preser 
vation  of  this  great,  this  good,  this  unparalleled 
Government,  I  ask  you  to  save  the  country  ;  or 
let  the  propositions  be  submitted  to  the  people, 
that  the  heart  of  the  nation  may  respond  to  them. 
I  have  an  abiding  confidence  in  the  intelligence, 
the  patriotism,  and  the  integrity  of  the  great  mass 
of  the  people  ;  and  I  feel  in  my  own  heart  that,  if 
this  subject  could  be  got  before  them,  they  would 
settle  the  question,  and  the  Union  of  these  States 
would  be  preserved.  [Applause  in  the  galleries.] 

25 


290  THE  SPEECHES 


REPLY  TO  SENATOR  LANE  OF  OREGON. 

DELIVERED   IN  THE   SENATE  OF  THE   UNITED  STATES,  MARCH  2,  1861. 

The  Senate  having  under  consideration  the  Report  of  the 
Peace  Conference,  and  Mr.  Lane  of  Oregon  having  concluded 
his  speech,  — 

Mr.  JOHNSON  said :  —  Mr.  President :  it  is  pain 
ful  to  me  to  be  compelled  to  occupy  any  of  the 
time  of  the  Senate  upon  the  subject  that  has  just 
been  discussed  by  the  Senator  from  Oregon.  Had 
it  not  been  for  the  extraordinary  speech  he  has 
made,  and  the  singular  course  he  has  taken,  I 
should  refrain  from  saying  one  word  at  this  late 
hour  of  the  day  and  of  the  session.  But,  sir,  it 
must  be  apparent,  not  only  to  the  Senate,  but  to 
the  whole  country,  that,  either  by  accident  or  by  de 
sign,  there  has  been  an  arrangement  that  any  one 
who  appeared  in  this  Senate  to  vindicate  the  Union 
of  these  States  should  be  attacked.  Why  is  it 
that  no  one  in  the  Senate  or  out  of  it,  who  is 
in  favor  of  the  Union  of  these  States,  has  made 
an  attack  upon  me  ?  Why  has  it  been  left  to 
those  who  have  taken  ground  both  openly  and  se 
cretly  in  violation  of  the  Constitution,  for  the  disrup 
tion  of  the  Government  ?  Why  has  there  been  a 


OF  ANDREW  JOHNSON.  291 

concerted  attack  upon  me  from  the  beginning  of  this 
discussion  to  the  present  moment,  not  even  confined 
within  the  ordinary  courtesies  of  debate  and  of  sena 
torial  decorum  ?  It  is  a  question  which  lifts  itself 
above  personalities.  I  care  not  from  what  direction 
the  Senator  comes  who  indulges  in  personalities  to 
wards  me ;  in  that,  I  feel  that  I  am  above  him,  and 
that  he  is  my  inferior.  [Applause  in  the  galleries.] 

The  PRESIDING  OFFICER  1  rapped  with  his  mal 
let,  and  then  said  :  The  Chair  will  announce  that 
if  that  disturbance  is  repeated  in  the  galleries,  they 
must  be  cleared.  That  is  the  order  of  the  Senate 
for  the  purpose  of  conducting  properly  the  delibera 
tions  of  the  Senate. 

Mr.  DOOLITTLE.  I  hope  the  Chair  will  enforce 
the  order,  and  not  threaten  to  do  so.  When  ap 
plause  is  given  on  the  expression  of  Union  senti 
ments,  in  which  I  fully  concur,  I  desire  that  the 
order  shall  be  enforced,  and  there  can  then  be  no 
exception  taken  if  we  enforce  the  rules  when  ap 
plause  may  be  given  for  any  other  sentiments 
uttered  on  this  floor. 

Mr.  JOHNSON.  Mr.  President,  I  was  alluding  to 
the  use  of  personalities.  They  are  not  arguments ; 
they  are  the-resort  of  men  whose  minds  are  low  and 
coarse.  It  is  very  easy  to  talk  about  "  cowards  "  ; 
to  draw  autobiographical  sketches  ;  to  recount  the  re 
markable,  the  wonderful  events  and  circumstances 
and  exploits  that  we  have  performed.  I  have  pre- 

1  Mr.  Polk  in  the  chair. 


292  THE  SPEECHES 

sented  facts  and  authorities  ;  and  upon  them  I  have 
argued ;  from  them  I  have  drawn  conclusions  ;  and 
why  have  they  not  been  met  ?  Why  have  they  not 
been  answered  ?  Why  abandon  the  great  issues  be 
fore  the  country,  and  go  into  personalities  ?  In  this 
discussion  I  shall  act  upon  the  principle  laid  down 
in  Cowper's  "  Conversation,"  where  he  says,  — 

"  A  moral,  sensible,  and  well-bred  man 
Will  not  affront  me;  and  no  other  can." 

But  there  are  men  who  talk  about  cowardice, 
cowards,  courage,  and  all  that  kind  of  thing ;  and  in 
this  connection,  I  will  say,  once  for  all,  not  boast- 
ingly,  with  no  anger  in  my  bosom,  that  these  two 
eyes  never  looked  upon  any  being  in  the  shape  of 
mortal  man  that  this  heart  of  mine  feared, 
r***-  Sir,  have  we  reached  a  point  of  time  at  which 
we  dare  not  speak  of  treason  ?  Our  forefathers 
talked  about  it ;  they  spoke  of  it  in  the  Constitution 
of  the  country ;  they  have  defined  what  treason  is. 
Is  it  an  offence,  is  it  a  crime,  is  it  an  insult  to  recite 
the  Constitution  that  was  made  by  Washington  and 
his  compatriots  ?  What  does  the  Constitution  define 
treason  to  be  ? 

"  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort." 

There  it  is  defined  clearly  that  treason  shall  con 
sist  only  in  levying  war  against  the  United  States, 
and  adhering  to  and  giving  aid  and  comfort  to  their 


OF  ANDREW  JOHNSOX.  293 

enemies.  Who  is  it  that  has  been  engaged  in  con 
spiracies  ?  Who  is  it  that  has  been  engaged  in  mak 
ing  war  upon  the  United  States  ?  Who  is  it  that 
has  fired  upon  our  flag  ?  Who  is  it  that  lias  given 
instructions  to  take  your  arsenals,  to  take  your  forts, 
to  take  your  dock-yards,  to  seize  your  custom-houses, 
and  rob  your  treasuries  ?  Who  is  it  that  has  been 
engaged  in  secret  conclaves,  and  issuing  orders  for 
the  seizure  of  public  property  in  violation  of  the 
Constitution  they  were  sworn  to  support  ?  In  the 
language  of  the  Constitution  of  the  United  States, 
are  not  those  who  have  been  eii^ao-ed  in  this  ne- 

O     O 

farious  work  guilty  of  treason  ?  I  will  now  present 
a  fair  issue,  and  hope  it  will  be  fairly  met.  Show 
me  the  man  who  has  been  engaged  in  these  con 
spiracies  ;  show  me  who  has  been  sitting  in  these 
nightly  and  secret  conclaves,  plotting  the  overthrow 
of  the  Government ;  show  me  who  has  fired  upon 
our  flag,  has  given  instructions  to  take  our  forts  and 
our  custom-houses,  our  arsenals  and  our  dock-yards, 
and  I  will  show  you  a  traitor !  [Applause  in  the 
galleries.] 

The  PRESIDING  OFFICER  :  1  —  The  Sero-eant-at- 

e> 

Arms  will   clear  the  galleries   on  the  right  of  the 

Chair  immediately. 

Mr.  JOHNSON.     That  is  a  fair  proposition 

The    PRESIDING    OFFICER.     The    Senator    from 

Tennessee  will  pause  until  the  order  of  the  Chair 

is  executed. 

1  Mr.  Polk  in  the  chair. 
25* 


294  THE  SPEECHES 

[Here  a  long  debate  ensued  upon  questions  of 
order  and  the  propriety  of  clearing  the  galleries.] 

Mr.  JOHNSON  then  continued  :  —  I  hope  the  exe 
cution  of  the  order  will  be  suspended,  and  I  will  go 
security  for  the  gallery  that  they  will  not  applaud 
any  more.  I  should  have  been  nearly  through  my 
remarks  by  this  time  but  for  this  interruption. 

The  PRESIDING  OFFICER  here  announced  that  the 
order  for  clearing  the  galleries  would  be  suspended. 

Mr.  JOHNSON  continued:  —  Mr.  President,  when 
I  was  interrupted  by  a  motion  to  clear  the  galleries, 
I  was  making  a  general  allusion  to  treason  as  defined 
in  the  Constitution  of  the  United  States,  and  to 
those  who  were  traitors  and  guilty  of  treason  within 
the  scope  and  meaning  of  the  law  and  the  Constitu 
tion.  My  proposition  was,  that  if  they  would  show 
me  who  were  guilty  of  the  offences  I  have  enumer 
ated,  I  would  show  them  who  were  the  traitors. 
That  being  done,  were  I  the  President  of  the 
United  States,  I  wrould  do  as  Thomas  Jefferson  did 
in  1806  with  Aaron  Burr,  who  was  charged  with 
treason  :  I  would  have  them  arrested  and  tried  for 
treason,  and,  if  convicted,  by  the  Eternal  God  they 
should  suffer  the  penalty  of  the  law  at  the  hands  of 
the  executioner.  Sir,  treason  must  be  punished.  / 
Its  enormity  and  the  extent  and  depth  of  the  offence 
must  be  made  known.  The  time  is  not  distant, 
if  this  Government  is  preserved,  its  Constitution 
obeyed,  and  its  laws  executed  in  every  department, 
when  something  of  this  kind  must  be  done* 


OF   ANDREW  JOHNSON.  295 

The  Senator  from  Oregon,  in  his  remarks,  said 
that  a  mind  that  it  required  six  weeks  to  stuff  could 
not  know  much  of  anything.  He  intimated  that  I 
had  been  "  stuffed."  I  made  my  speech  on  the 
19th  of  December.  The  gentleman  replied.  I 
made  another  speech  on  the  5th  and  6th  of  Feb 
ruary.  And  now,  after  a  lapse  of  about  four  weeks, 
and  at  the  close  of  the  session,  when  it  is  believed 
there  will  be  no  opportunity  to  respond  on  account 
of  the  great  press  of  business  which  must  necessarily 
be  acted  on,  he  makes  a  reply.  How  long  has  lie 
been  "  stuffing  "  ?  By  whom  and  how  often  has  he 
been  "  stuffed  "  ?  [Laughter.]  He  has  been  stuffed 
twice  ;  and  if  the  stuffing  operation  was  as  severe 
and  as  laborious  as  the  delivery  has  been,  he  has  had 
a  troublesome  time  of  it  ;  for  his  travail  has  been 
great,  the  delivery  remarkable  and  excruciatingly 
painful.  [Laughter.] 

Again  :  he  speaks  of  "  triumphant  ignorance  and 
exulting  stupidity."  Repartee  and  satire  are  not 
limited  to  one.  I  have  no  disposition,  however,  to 
indulge  in  coarse  flings  ;  and,  in  fact,  I  think  it  is 
unsenatorial.  Whatever  may  be  the  character  of 
my  mind,  I  have  never  obtrusively  made  it  the  sub 
ject  of  consideration.  I  may,  nevertheless,  have 
exhibited  now  and  then  the  "exulting  stupidity  and 
triumphant  ignorance  "  of  which  the  Senator  has 
spoken.  Great  and  magnanimous  minds  pity  igno 
rance.  The  Senator  from  Oregon,  rich  in  intel 
lectual  culture,  with  a  mind  comprehensive  enough 


296  THE  SPEECHES 

to  retain  the  wisdom  of  ages,  and  an  eloquence  to 
charm  a  listening  Senate,  deplores  mine  ;  but  he 
should  also  be  considerate  enough  to  regard  my 
humility.  Unpretending  in  my  ignorance,  I  am 
content  to  gaze  at  his  lofty  flights  and  glorious 
daring  without  aspiring  to  accompany  him  to  re 
gions  for  which  my  wings  have  not  been  plumed 
nor  my  eyes  fitted.  Gorgeously  bright  are  those 
fair  fields  in  which  he  revels.  To  me,  alas !  his 
heaven  appears  but  as  a  murky  region,  dull,  opaque, 
leaden.  My  pretension  has  been  simply  to  do  my 
duty  to  my  State  and  to  my  country. 

The  Senator  has  thought  proper  to  refer  to  the 
action  of  my  State  ;  and  I  may  be  permitted  to  re 
mark,  that  we  in  the  South  understand  some  things 
as  well  as  they  are  understood  in  the  North ;  and 
when  we  find  one  who  calls  himself  a  Northern  man, 
who  boasts  of  his  position  there,  making  great  pro 
fessions  of  friendship,  greater  attachment  to  our  in 
stitutions  and  our  interests  than  we  do  ourselves,  in 
some  minds  it  may  have  a  tendency  to  excite  sus 
picion.  The  Senator  from  Oregon  is  more  Southern 
than  the  South  itself.  He  has  taken  under  his 
wing  of  protection  the  peculiar  guardianship  of  the 
Southern  States,  and  his  every  utterance  is  upon 
"  the  equality  of  the  States,  their  rights  in  tV 
Union,  or  their  independence  out  of  it."  I  think 
Dr.  Johnson  advised  that  when  a  man  comes  to 
your  house,  and  voluntarily  makes  great  professions 
of  his  purity,  his  uprightness  of  purpose,  his  exalted 


OF  ANDREW  JOHNSON.  297 

character,  of  being  far  above  suspicion  and  imputa 
tion,  if  you  have  any  silver-ware  hide  it.  When 
Northern  Senators  and  Northern  gentlemen  make 
greater  professions  of  devotion  to  our  institutions 
than  we  do  ourselves,  our  suspicions  are  somewhat 
excited. 

The  Senator  has  alluded  to  the  action  of  my 
State ;  he  has  commented  upon  my  devotion  to  the 
people  ;  he  has  been  reviewing  my  political  history  ; 
he  has  even  commented  upon  the  nature  and  char 
acter  of  my  mind ;  and  he  has  failed  to  discover 
anything  extraordinary  in  it.  As  to  the  character 
of  my  mind,  as  I  before  remarked,  that  is  a  subject 
which  I  have  never  obtruded  upon  any  one.  I  have 
never  made  any  pretensions  to  anything  extraordi 
nary,  as  regards  intellect  or  extensive  information ; 
but,  were  the  reverse  of  this  all  true,  and  had  I  the 
wisdom  of  Solomon,  and  a  mind  as  strong,  as  clear, 
and  as  penetrating  as  the  rays  of  the  noonday  sun 
when  there  is  not  a  speck  or  a  dot  to  obscure  his 
disk,  I  should  then  even  despair  of  breaking  through 
the  triple  case  of  bigotry,  superciliousness,  and  self- 
conceit,  that  surrounds  the  mind  of  the  Senator  from 
Oregon.  Mind,  did  I  say  ?  I  recall  that  term  ;  I 
will  not  dignify  it  with  the  appellation  of  mind.  No, 
it  is  the  most  miserable  and  the  poorest  caricature 
of  a  mind,  that  cannot  even  tell  when  it  is  upside  up 
or  upside  down. 

The  Senator  has  reviewed  my  political  history. 
He  has  not  discovered  that  I  ever  introduced  or  pro- 


298  THE  SPEECHES 

jected  any  great  measure  except  the  "  Homestead": 
to  that  I  had  given  great  attention  and  labor.  From 
what  he  has  said  on  this  occasion,  I  may  infer  that 
he  was  opposed  to  the  Homestead  policy.  I  be 
lieved  it  was  a  beneficent  measure.  It  has  been  an 
object  long  near  my  heart  to  see  every  head  of  a 
family  domiciliated.  I  thought  it  was  important 
that  every  honest  and  industrious  head  of  a  family 
in  this  Republic  should  have  a  home  and  an  abiding 
place  for  his  wife  and  children.  I  think  so  still.  I 
can  well  remember  the  period  of  time  at  which  I 
could  exult  in  the  assurance  that  I  had  a  home  for 
my  family  ;  and  I  know  how  to  sympathize  with 
those  who  are  not  so  blessed.  Less  gifted  than  the 
Senator  from  Oregon,  I  did  not  perceive  that  when, 
in  the  Senate,  in  the  House  of  Representatives,  and 
before  the  people,  I  advocated  a  measure  that  I 
thought  had  a  tendency  to  alleviate  and  ameliorate 
the  condition  of  the  great  mass  of  mankind,  I  was 
incurring  the  censure  that  is  due  to  a  crime.  Lam 
entably  devoid  of  his  wisdom,  if  I  had  succeeded 
in  accomplishing  the  great  object  I  contemplated, 
the  measure  of  my  ambition  would  have  been  full. 
I  have  labored  for  it  long ;  I  labor  still.  In  1846  it 
was  introduced  into  the  House  of  Representatives 
with  but  few  friends.  In  1852  it  received  a  two- 
thirds  vote  of  that  House.  It  came  to  the  Senate 
of  the  United  States,  and  during  the  last  session  of 
Congress  forty-four  Senators  voted  for  it,  and  only 
eight  agathst  it.  The  Senator  from  Oregon  himself, 


OF  ANDREW  JOHNSON.  299 

though  lie  doubted  and  wavered,  recorded  his  vote 
for  it;  but  he  is  opposed  to  it  now.  I  think  it  was 
one  of  the  best  acts  of  his  life ;  and  if  it  had  suc 
ceeded  I  think  it  would  have  been  better  for  the 
country. 

But  he  intimates  that  I  have  been  voting  and  act 
ing  with  Senators  who  are  not  so  intensely  Southern 
as  he  pretends  to  be.  Sir,  look  at  the  Senator's 
course  this  mornino-.  WJw  has  tried  to  defeat  the 

O 

measures  that  are  so  well  calculated  to  restore  peace  ? 
Who  is  trying  to  cast  out  the  olive-branch  that  has 
been  brought  into  the  Senate  ?  Why  does  he  not 
stand  with  his  noble  colleague  when  this  measure  of 
peace  is  presented  to  the  country  ? 

But  he  refers  to  what  has  been  the  action  of  my 
State.  Well,  sir,  we  all  know  that  the  issue  was 
directly  made  ;  and  what  has  been  the  result  ?  Ten 
nessee  has  spoken  in  language  not  to  be  misunder 
stood.  She  has  spoken  in  thunder-tones  that  she  is 
against  violations  of  the  Constitution  and  the  trea- 

C? 

sonable  schemes  which  would  result  in  breaking  up 
the  Government.  The  Senator  assumes  a  special 
guardianship  over  Tennessee.  He  had  better  try  to 
take  care  of  Oregon,  and  leave  my  colleague  and 
myself,  and  the  Representatives  from  Tennessee,  to 
attend  to  Tennessee  affairs.  Where  does  he  stand  ? 
His  colleague  is  in  favor  of  measures  to  restore  peace 
and  sustain  the  country,  and  he  is  against  them  ;  and 
did  it  occur  to  him  that  others  might  ask  how  he 
stood  with  the  people  of  Oregon  ?  Tennessee  stands 


300  THE  SPEECHES 

redeemed,  regenerated,  and  disenthralled  by  the  ex 
ercise  of  the  elective  franchise,  that  glorious  Frank 
lin-rod  which  conducts  the  thunder  of  tyranny  from 
the  heads  of  the  people.  If  the  people  of  our  sister 
States  had  enjoyed  the  same  privilege  of  going  to 
the  ballot-box,  and  passing  their  judgment  upon  the 
ordinances  of  secession,  I  believe  more  of  them 
would  now  be  standing  side  by  side  with  Tennessee, 
sustaining  the  laws  and  the  Constitution.  But  the 
people  have  been  overslaughed,  a  system  of  usurpa 
tion  has  been  adopted,  and  a  reign  of  terror  instituted. 
The  Senator  is  exceedingly  solicitous  about  Ten 
nessee.  I  am  inclined  to  think  —  I  do  not  intend 
to  be  censorious  or  personal,  but  entirely  senatorial 
—  that  at  twelve  o'clock  on  Monday  next,  or  a  few 
minutes  before,  when  the  hand  of  the  dial  is  moving 
round  to  mark  that  important  point  of  time  when  his 
term  of  office  shall  expire,  instead  of  thinking  about 
the  action  of  my  State,  he  may  soliloquize  in  the 
language  of  Cardinal  Wolsey,  and  exclaim,  — 

"Nay,  then,  farewell! 

I  have  touched  the  highest  point  of  all  my  greatness ; 
And,  from  that  full  meridian  of  my  glory, 
I  haste  now  to  my  setting :  I  shall  fall 
Like  a  bright  exhalation  in  the  evening, 
And  no  man  see  me  more." 

If  the  Senator  has  received  the  news  from  Ten 
nessee,  if  the  information  has  broken  through  that 
triple  case  of  bigotry,  superciliousness,  and  self-con 
ceit  which  ensconce  his  caricature  of  a  mind,  with 
all  his  allusions  to  courage,  and  blood,  and  coward- 


OF  ANDREW  JOHNSON.  301 

ice,  he  might  feel  like  Macbeth,  who,  so  long 
deceived  by  the  juggling  fiends,  when  told  by 
Macduff  that  he  was  not  of  woman  born,  but  from 
his  mother's  womb  untimely  ripped,  in  agony  ex 
claimed,  — 

"  Accursed  be  that  tongue  that  tells  me  so, 
For  it  hath  cowed  my  better  part  of  man  : 
And  be  these  juggling  fiends  no  more  believed, 
That  palter  with  us  in  a  double  sense; 
That  keep  the  word  of  promise  to  our  ear, 
And  break  it  to  our  hope." 

Yes,  Mr.  President,  I  have  alluded  to  treason  and 
traitors,  and  shall  not  shrink  from  the  responsibility 
of  having  done  so,  come  what  will  ;  and  while  I, 
her  humble  representative,  was  speaking,  Tennessee 
sent  an  echo  back,  in  tones  of  thunder,  which  has 
carried  terror  and  dismay  through  the  whole  camp 
of  conspirators. 

The  Senator  has  alluded  to  my  political  course. 
What  had  that  to  do  with  the  pending  question  ?  I 
did  not  attack  the  Senator  from  Oregon  ;  he  has 
attacked  me.  I  had  not  even  made  an  allusion  to 
him  in  my  speech,  except  in  general  terms  ;  but  he 
inquires  into  my  consistency.  How  consistent  has 
lie  been  ?  We  know  how  he  stands  upon  popular 
or  squatter  sovereignty.  On  that  subject  he  spoke 
at  Concord,  New  Hampshire,  where  he  maintained 
that  the  inhabitants  of  the  Territories  were  the  best 
judges ;  that  they  were  the  very  people  to  settle  all 
these  questions.  I  will  read  what  the  Senator  said 
on  that  occasion  :  — 


302  THE   SPEECHES 

"  There  is  nothing  in  the  law,  gentlemen,  but  what  every 
enlightened  American  heart  should  approve.  The  idea  in 
corporated  in  the  Kansas- Nebraska  bill  is  the  true  American 
principle;  for  the  bill  does  not  establish  or  prohibit  slavery; 
lut  leaves  the  people  of  these  Territories  perfectly  free  to 
regulate  their  own  local  affairs  in  their  own  way.  Is  there 
any  man  who  can  object  to  that  idea  ?  Is  there  any  Amer 
ican  citizen  who  can  oppose  that  principle  ? 

"  Gentlemen,  I  desire  to  say  to  you  that  the  principle 
incorporated  into  the  Kansas-Nebraska  bill  is  the  very  prin 
ciple  in  defence  of  which  your  forefathers  entered  into  the 
service  of  their  country  in  the  Revolutionary  War ;  for  the 
American  colonies,  two  years  previous  to  the  Declaration 
of  Independence,  asserted  this  same  principle  we  now  find 
incorporated  in  the  Kansas-Nebraska  bill. 

"  Upon  examination,  you  will  find  that  the  Declaration 
of  Rights,  made  October  14,  1774,  asserts  that  the  people  of 
the  several  colonies  '  are  entitled  to  a  free  and  exclusive  power 
of  legislation  in  their  several  provincial  legislatures  in  all 
cases  of  internal  polity.'  This  was  refused  by  the  Crown, 
but  reasserted  by  our  forefathers.  Upon  this  issue  the 
battles  of  the  Revolution  were  fought ;  by  the  blood  of  our 
fathers'  this  principle  of  self-government  was  established. 
This  right,  refused  by  the  King,  was  secured,  consecrated, 
and  established  by  the  best  blood  that  ever  flowed  in  the 
veins  of  man.  Would  you  now  refuse  to  the  people  of  the 
Territories  the  rights  your  noble  sires  demanded  of  the 
Crown,  and  won  by  their  blood  —  thus  placing  yourselves  in 
opposition  to  the  right  of  self-government  in  the  Territories, 
thereby  occupying  the  very  position  towards  the  Territories 
that  George  III.  did  to  the  colonies  ? 

"  The  simple  question  involved  here  is,  '  are  the  people 
capable  of  regulating  their  internal  affairs,  or  must  Con 
gress  regulate  those  affairs  for  them  ?  '  It  is  strictly  the  doc 
trine  of  congressional  non-intervention.  Now,  if  that  idea 
is  the  correct  one  —  if  it  is  true  that  the  American  people 


OF  ANDREW  JOHNSON.  803 

are  capable  of  self-government  —  then  the  principles  of  the 
Kansas-Nebraska  bill  are  right,  and  opposition  to  that  bill 
is  wrong ;  consequently,  dangerous  to  the  best  interests  of 
the  country. 

"  The  question  of  slavery  is  a  most  perplexing  one,  and 
ought  not  to  be  agitated.  We  should  leave  it  with  the 
State  where  it  constitutionally  exists,  and  the  people  of  the 
Territories,  to  prohibit  or  establish,  as  to  them  may  seem 
right  and  proper. 

"  All  that  the  Democracy  asks  in  relation  to  this  matter  is, 
that  the  people  of  the  Territory  should  be  left  perfectly  free 
to  settle  the  question  of  slavery  for  themselves,  without  the 
interference  of  New  Hampshire,  Massachusetts,  or  any  other 
State." 

During  the  last  Congress,  however,  the  Senator 
made  a  speech,  in  which  he  repeated,  I  cannot  tell 
how  many  times,  "  the  equality  of  the  States,  the 
rights  of  the  States  in  the  Union,  and  their  rights 
out  of  the  Union  ;  "  and  he  thus  shifted  his  course 
and  repudiated  his  former  position  on  squatter  sov 
ereignty.  That  speech  was  made  on  the  24th  of 
May  last.  From  it  I  will  read  the  following  ex 
tract:  — 

"  I  only  desire  to  say,  in  relation  to  the  series  of  resolu 
tions,  a  portion  of  which  I  have  already  voted  in  favor  of, 
that  I  shall  vote  in  favor  of  the  rest ;  for  the  whole  of  them 
together  meet  with  my  hearty  approbation.  They  assert 
the  truth ;  they  assert  the  great  principle  that  the  constitu 
tional  rights  of  the  States  are  equal ;  that  the  States  have 
equal  rights  in  this  country  under  the  Constitution  ;  and, 
as  I  understand  it.  they  must  be  maintained  in  that  equality. 
These  resolutions  only  assert  that  principle ;  and  I  say  that 
it  is  a  misfortune  to  the  country,  in  my  opinion,  that  the 


304  THE  SPEECHES 

principles  laid  down  in  these  resolutions  had  not  been  as 
serted  sooner.  They  ought  to  have  been  asserted  by  the 
Democratic  party,  in  plain  English,  ten  years  ago.  If  they 
had  been,  you  would  have  had  no  trouble  in  this  country 
to-day ;  the  Democratic  party  would  have  been  united  and 
strong,  and  the  equality  and  constitutional  rights  of  the 
States  would  have  been  maintained  in  the  Territory,  and 
in  all  other  things;  squatter  sovereignty  would  not  have 
been  heard  of,  and  to-day  we  would  be  united." 

If  the  conflict  between  his  speech  made  in  Con 
cord  in  1856  and  his  speech  made  here  on  the  24th 
day  of  May  last  can  be  reconciled,  according  to  any 
rules  of  construction,  it  is  fair  to  reconcile  the  con 
flict.  If  the  discrepancy  is  so  great  between  his 
speech  made  then  and  his  speech  on  the  24th  of 
May  last  as  not  to  be  reconciled,  of  course  the  dis 
crepancy  is  against  him ;  but  I  am  willing  to  let  one 
speech  go  as  a  set-oft'  to  the  other,  which  will  make 
honors  easy,  so  far  as  speech-making  is  concerned. 

Then  how  does  the  matter  stand  ?  The  speech 
made  at  Concord,  extracts  from  which  I  have  read, 
is  on  the  one  side,  and  that  made  in  the  Senate  on 
the  24th  of  May  last,  to  which  1  have  referred,  is  on 
the  other  side.  Now  we  will  come  to  the  sticking 
place.  We  will  now  make  a  test  from  which  there 
is  no  escape.  You  have  seen  the  equivocation  to 
day.  You  have  seen  the  cuttle-fish  attempt  to  be 
cloud  the  water  and  elude  the  grasp  of  its  pursuer. 
I  intend  to  stick  his  inconsistencies  to  him  as  close 
and  as  tight  as  what  I  have  heard  sometimes  called 
"  Jew  David's  Adhesive  Plaster."  Now  to  the  rec- 


OF  ANDREW  JOHNSON.  305 

ord,  and  we  will  see  how  the  Senator's  vote  stands 
as  compared  with  his  speeches.  By  referring  to  the 
record,  it  will  be  found  that  Mr.  Clingman  offered 

the  following  as  an  amendment  to  the  fourth  resolu 
te 

tion  of  the  series  introduced  by  Mr.  Davis :  — 

"  Resolved,  That  the  existing  condition  of  the  Territories 
of  the  United  States  does  not  require  the  intervention  of 
Congress  for  the  protection  of  property  in  slaves." 

What  was  the  vote  on  the  amendment  proposed 
to  that  resolution  by  Mr.  Brown,  to  strike  out  the 
word  "  not  "  ?  I  want  the  Senator's  attention,  for 
I  am  going  to  cite  the  record  from  which  there  is 
no  appeal.  How  would  it  read  to  strike  out  the 
word  "  not  "  ?  ,^ 

"  ^hat  the  existing  condition  of  the  Territories  of  the 
United  States  does  require  the  intervention  of  Congress 
for  the  protection  of  property  in  slaves." 

Among  those  who  voted  against  striking  out  the 
word  "  not,"  who  declared  that  protection  of  slavery 
in  the  Territories  by  legislation  of  Congress  was 
unnecessary,  was  the  Senator  from  Oregon.  When 
was  that  ?  On  the  25th  day  of  May  last.  The  Sen 
ator,  under  the  solemn  sanction  of  his  oath,  declared 
that  legislation  was  not  necessary.  Now  wdiere  do 
we  find  him  ?  Here  is  a  proposition  to  amend  the 
Constitution  to  protect  the  institution  of  slavery  in 
the  States,  and  here  is  the  proposition  brought  for 
ward  by  the  Peace  Conference,  and  we  find  the 
Senator  standing  against  the  one,  and  I  believe  he 
recorded  his  vote  against  the  other. 


306  THE  SPEECHES 

But  we  will  proceed  further  with  the  investiga 
tion.  The  Senator  voted  that  it  was  not  necessary 
to  legislate  by  Congress  for  the  protection  of  slave 
property.  Mr.  Brown  then  offered  the  amend 
ment  to  the  resolution  submitted  by  Mr.  Davis,  to 
strike  out  all  after  the  word  "  resolved,"  and  to 
insert  in  lieu  thereof,  — 

"  That  experience  having  already  shown  that  the  Con 
stitution  and  the  common  law,  unaided  by  statutory  enact 
ment,  do  not  afford  adequate  and  sufficient  protection  to 
slave  property  —  some  of  the  Territories  having  failed,  others 
having  refused,  to  pass  such  enactments  —  it  has  become 
the  duty  of  Congress  to  interpose,  and  pass  such  laws  as 
will  afford  to  slave  property  in  the  Territories  that  protec 
tion  which  is  given  to  other  kinds  of  property." 

We  have  heard  a  great  deal  said  here  to-daj  of 
"  other  kinds,"  and  every  description  of  property. 
There  is  a  naked,  clear  proposition.  Mr.  Brown 
says  it  is  needed  ;  that  the  court  and  the  common 
law  do  not  give  ample  protection  ;  and  then  the 
Senator  from  Oregon  is  called  upon  ;  but  what  is 
his  vote  ?  We  find,  in  the  vote  upon  this  amend 
ment,  that  but  three  Senators  voted  for  it ;  and  the 
Senator  from  Oregon  records  his  vote,  and  says 
"  no,"  it  shall  not  be  established  ;  and  every  South 
ern  Senator  present,  save  three,  voted  against  it 
also.  When  was  that  ?  On  the  25th  day  of  May 
last.  Here  is  an  amendment,  now,  to  protect  and 
secure  the  States  against  any  encroachment  upon 
the  institution  within  the  States,  and  there  the  Sen 
ator  from  Oregon  swore  that  no  further  legislation 


OF  ANDREW  JOHNSON.  307 

was  necessary  to  protect  it  in  the  Territories.  Then, 
all  the  amendments  being  voted  down,  the  Senate 
came  to  the  vote  upon  this  resolution, — 

"  That,  if  experience  should  at  any  time  prove  that  the 
judicial  and  executive  authority  do  not  possess  means  to 
insure  adequate  protection  to  constitutional  rights  in  a  Ter 
ritory,  and  if  the  territorial  government  should  fail  or  refuse 
to  provide  the  necessary  remedies  for  that  purpose,  it  will 
be  the  duty  of  Congress  to  supply  such  deficiency,  within  the 
limits  of  its  constitutional  powers." 

Does  not  the  resolution  proceed  upon  the  idea  that 
it  was  not  necessary  then  ;  but  if  hereafter  the  Ter 
ritories  should  refuse,  and  the  courts  and  the  com 
mon  law  could  not  give  ample  protection,  then  it 
would  be  the  duty  of  Congress  to  do  this  thing? 
What  has  transpired  since  the  25th  day  of  May  last  ? 
Is  not  the  decision  of  the  court  with  us  ?  Is  there 
not  the  Constitution  carrying  it  there  ?  Why  was 
not  this  resolution,  declaring  protection  necessary, 
passed  during  the  last  Congress  ?  The  presidential 
election  was  on  hand. 

I  have  been  held  up,  and  indirectly  censured,  be 
cause  I  have  stood  by  the  people  ;  because  I  have 
advocated  those  measures  that  are  sometimes  called 
demagogical.  I  would  to  God  that  we  had  a  few 
more  men  here  who  were  for  the  people  in  fact, 
and  who  would  legislate  in  conformity  with  their 
will  and  wishes.  If  we  had,  the  difficulties  and 
dangers  that  surround  us  now  would  be  postponed 
and  set  aside  ;  they  would  not  be  upon  us.  But  in 


308  THE  SPEECHES 

May  last  we  could  not  vote  that  it  was  necessary  to 
pass  a  slave  code  for  the  Territories.  Oh,  no,  the 
presidential  election  was  on  hand.  We  were  very 
willing  then  to  try  to  get  Northern  votes ;  to  secure 
their  influence  in  the  passage  of  resolutions  ;  and  to 
crowd  some  men  down,  and  let  others  up.  It  was  all 
very  well  then ;  but  since  the  people  have  deter 
mined  that  some  one  else  should  be  President  of  the 
United  States,  all  at  once  the  grape  has  got  to  be 
very  sour,  and  gentlemen  do  not  have  as  good  an 
opinion  of  the  people  as  they  had  before ;  they  have 
changed  their  views  in  regard  to  the  people.  They 
have  not  thought  quite  as  well  of  some  of  the  aspir 
ants  as  they  desired  ;  and,  as  they  could  not  get  to 
be  President  and  Vice-President  of  all  these  United 
States,  rather  than  miss  it  altogether,  they  would 
be  perfectly  willing  to  be  President  and  Vice-Presi 
dent  of  a  part,  and  therefore  they  will  divide  —  yes, 
they  will  divide.  They  are  in  favor  of  secession ; 
of  breaking  up  the  Union  ;  of  having  the  rights  of 
the  States  out  of  the  Union  ;  and  as  they  signally 
failed  in  being  President  and  Vice-President  of  all, 
as  the  people  have  decided  against  them,  they  have 
reached  that  precise  point  of  time  at  which  the  Gov 
ernment  ought  to  be  dissevered  and  broken  up.  It 
looks  a  little  that  way. 

I  have  no  disposition,  Mr.  President,  to  press  this 
controversy  further.  If  the  Senator  from  Oregon  is 
satisfied  with  the  reply  he  has  made  to  my  speech 
or  speeches,  I  am  more  than  satisfied.  I  am  willing 


OF  ANDREW  JOHNSON.  309 

that  his  speeches  and  mine  shall  go  to  the  country  ; 
and,  as  to  the  application  and  understanding  of  the 
authorities  that  are  recited  in  each,  I  am  willing  to 
leave  for  the  determination  of  an  intelligent  public. 
I  shall  make  no  issue  with  him  on  that  subject.  I 
feel  to-day  —  and  I  say  it  in  no  spirit  of  egotism  — 
that,  in  the  reply  I  made  to  his  speech,  I  vanquished 
every  position  he  assumed  ;  I  nailed  many  of  his 
statements  to  the  counter  as  spurious  coin  ;  and  I  felt 
that  I  had  the  arguments,  that  I  had  the  authority  ; 
and  so  feeling,  I  know  when  I  have  my  adversary 
in  my  power  ;  I  knowr  when  I  have  an  argument 
that  cannot  be  explained  away,  and  a  fact  that  can 
not  be  upturned.  The  Senator  felt  it.  I  know  he 
felt  it  from  his  former  manifestations,  and  from  the 
manner  in  which  he  has  poured  forth  the  wrath  so 
long  nursed  in  his  bosom.  Yes,  sir,  in  that  con 
test,  figuratively  speaking,  he  was  impaled  and  left 
writhing  in  bitter  agony.  He  felt  it.  I  saw  he  felt 
it,  and  now  I  have  no  disposition,  in  concluding  my 
remarks,  to  mutilate  the  dead,  or  add  one  single  pang 
to  the  tortures  of  the  already  politically  damned. 
I  am  a  humane  man  ;  I  will  not  add  another  pang 
to  the  intolerable  sufferings  of  the  distinguished 
Senator  from  Oregon.  [Laughter.]  I  sought  no 
controversy  with  him ;  I  have  made  no  issue  with 
him  ;  it  has  been  forced  upon  me.  How  many  have 
attacked  me  ;  and  is  there  a  single  man,  North  or 
South,  who  is  in  favor  of  this  glorious  Union,  who 
has  dared  to  make  an  assault  upon  me  ?  Is  there 


310  THE  SPEECHES 

one  ?  No,  not  one.  But  it  is  all  from  secession  ;  it 
is  all  from  that  reign  of  terror  which  usurpation 
has  inaugurated.  The  Senator  has  made  the  set- 
to  ;  and  it  is  for  the  Senate  and  the  country  to 
determine  who  has  been  crushed  in  the  tilt.  I  am 
satisfied,  if  he  is.  I  am  willing,  as  I  said  before, 
that  his  speech  and  mine  shall  go  to  the  country, 
and  let  an  intelligent  people  read  and  understand, 
and  see  who  is  right  and  who  is  wrong  on  this 
great  issue. 

But,  sir,  I  alluded  to  the  fact  that  secession  has 
been  brought  about  by  usurpation.  During  the 
last  forty  days  six  States  of  this  Confederacy  have 
been  taken  out  of  the  Union  ;  how  ?  By  the  voice 
of  the  people  ?  No ;  it  is  demagogism  to  talk  of 
the  people.  By  the  voice  of  the  freemen  of  the 
country  ?  No.  By  whom  has  it  been  done  ? 
Have  the  people  of  South  Carolina  passed  upon  the 
ordinance  adopted  by  their  convention  ?  No ;  but 
a  system  of  usurpation  was  instituted,  and  a  reign 
of  terror  inaugurated.  How  was  it  in  Georgia  ? 
Have  the  people  there  passed  upon  the  ordinance 
of  secession  ?  No.  We  know  that  there  was  a 
powerful  party  there,  of  passive,  conservative  men, 
who  have  been  overslaughed,  borne  down ;  and 
tyranny  and  usurpation  have  triumphed.  A  con 
vention  passed  an  ordinance  to  take  the  State  out  of 
the  Confederacy ;  and  the  very  same  convention  ap 
pointed  delegates  to  go  to  a  congress  to  make  a 
constitution,  without  consulting  the  people.  So  with 


OF   ANDREW   JOHNSON.  311 

Louisiana ;  so  with  Mississippi ;  so  with  all  the  six 
States  which  have  undertaken  to  form  a  new  con 
federacy.  Have  the  people  been  consulted  ?  Not 
in  a  single  instance.  We  are  in  the  habit  of  saying 
that  man  is  capable  of  self-government ;  that  he  has 
the  right,  the  unquestioned  right,  to  govern  himself; 
but  here  a  government  has  been  assumed  over 
him  ;  it  has  been  taken  out  of  his  hands,  and  at 
Montgomery  a  set  of  usurpers  are  enthroned,  legis 
lating,  and  making  constitutions  and  adopting  them, 
without  consulting  the  freemen  of  the  country.  Do 
we  not  know  it  to  be  so  ?  Have  the  people  of  Ala 
bama,  of  Georgia,  of  any  of  those  States,  passed 
upon  it  ?  No ;  but  a  constitution  is  adopted  by 
those  men,  with  a  provision  that  it  may  be  changed 
by  a  vote  of  two  thirds.  Four  votes  in  a  conven 
tion  of  six  can  change  the  whole  organic  law  of  a 
people  constituting  six  States.  Is  not  this  a  coup- 
d'etat  equal  to  any  of  Napoleon  ?  Is  it  not  a  usur 
pation  of  the  people's  rights  ? 

In  some  of  those  States  even  the  flag  of  our 
country  has  been  changed.  One  State  has  a  pal 
metto,  another  has  a  pelican,  and  another  has  the 
rattlesnake  run  up  instead  of  the  Stars  and  Stripes. 
On  a  former  occasion  I  spoke  of  the  origin  of  seces 
sion  ;  and  I  traced  its  early  history  to  the  Garden 
of  Eden,  when  the  serpent's  wile  and  the  serpent's 
wickedness  beguiled  and  betrayed  our  first  mother. 
After  that  occurred,  and  they  knew  light  and  knowl 
edge,  when  their  Lord  and  Master  appeared,  they 


312  THE  SPEECHES 

seceded,  and  hid  themselves  from  his  presence. 
The  serpent's  wile  and  the  serpent's  wickedness 
first  started  secession  ;  and  now  secession  brings 
about  a  return  of  the  serpent.  Yes,  sir;  the  wily 
serpent,  the  rattlesnake,  has  been  substituted  as  the 
emblem  on  the  flag  of  one  of  the  seceding  States, 
and  that  old  flag,  the  Stars  and  the  Stripes,  under 
which  our  fathers  fought  and  bled  and  conquered, 
and  achieved  our  rights  and  our  liberties,  is  pulled 
down  and  trailed  in  the  dust.  Will  the  American 
people  tolerate  it  ?  They  will  be  indulgent ;  time,  I 
think,  will  be  given ;  but  they  will  not  submit  to  it. 

A  word  more  in  conclusion.  Give  the  border 
States  that  security  which  they  desire,  and  the  time 
will  come  when  the  other  States  will  come  back  ; 
when  they  will  be  brought  back  —  how  ?  Not  by 
the  coercion  of  the  border  States,  but  by  the  coer 
cion  of  the  people  ;  and  those  leaders  who  have 
taken  them  out  will  fall  beneath  the  indignation  and 
the  accumulating  force  of  that  public  opinion  which 
will  ultimately  crush  them.  The  gentlemen  who 
have  taken  those  States  out  are  not  the  men  to 
bring  them  back. 

I  have  already  suggested  that  the  idea  may  have 
entered  into  some  minds,  "  if  we  cannot  get  to  be 
President  and  Vice-President  of  the  whole  United 
States,  we  may  divide  the  Government,  set  up  a 
new  establishment,  have  new  offices,  and  monop 
olize  them  ourselves  wrhen  we  take  our  States 
out."  Here  we  see  a  President  made,  a  Vice- 


OF   ANDREW  JOHNSON.  313 

President  made,  cabinet  officers  appointed,  and  yet 
the  great  mass  of  the  people  not  consulted,  nor 
their  assent  obtained  in  any  manner  whatever. 
The  people  of  the  country  ought  to  be  aroused  to 
this  condition  of  things  ;  they  ought  to  buckle  on 
their  armor  ;  and,  as  Tennessee  has  done,  (God 
bless  her  !)  by  the  exercise  of  the  elective  fran 
chise,  by  going  to  the  ballot-box  under  a  new  set 
of  leaders,  repudiate  and  put  down  those  men  who 
have  carried  these  States  out  and  usurped  a  gov 
ernment  over  their  heads.  I  trust  in  God  that 
the  old  flag  of  the  Union  will  never  be  struck. 
I  hope  it  may  long  wave,  and  that  we  may  long 
hear  the  national  air  sung  :  — 

"  The  Star-Spangled  banner,  0  long  may  it  wave 
O'er  the  land  of  the  free  and  the  home  of  the  brave." 

Long  may  we  hear  Hail  Columbia,  that  good 
old  national  air ;  long  may  we  hear,  and  never 
repudiate,  the  old  tune  of  Yankee  Doodle  !  Long 
may  wave  that  gallant  old  flag  which  went  through 
the  Revolution,  and  which  was  borne  by  Tennessee 
and  Kentucky  at  the  battle  of  New  Orleans.  And 
in  the  language  of  another,  while  it  was  thus 
proudly  and  gallantly  unfurled  as  the  emblem  of 
the  Union,  the  Goddess  of  Liberty  hovered  around, 
when  u  the  rockets'  red  glare  "  went  forth  through 
the  heavens,  indicating  that  the  battle  was  raging, 
and  the  voice  of  the  old  chief  could  be  heard 
rising  above  the  din  of  the  storm,  urging  his  gallant 
men  on  to  the  stern  encounter,  and  watched  the 

27 


314  THE  SPEECHES 

issue  as  the  conflict  grew  fierce,  and  the  result  was 
doubtful;  but  when,  at  length,  victory  perched 
upon  your  standard,  it  was  then,  from  the  plains  of 
New  Orleans,  that  the  Goddess  made  her  loftiest 
flight,  and  proclaimed  victory  in  strains  of  exul 
tation.  Will  Tennessee  ever  desert  the  grave  of 
him  who  bore  it  in  triumph,  or  desert  the  flag 
that  he  waved  with  success  ?  No,  never  ;  she  was 
in  the  Union  before  some  of  these  States  were  in 
existence ;  and  she  intends  to  remain  in,  and  insist 
upon  —  as  she  has  the  confident  belief  she  shall 
get  —  all  her  constitutional  rights  and  protection  in 
the  Union,  and  under  the  Constitution  of  the  coun 
try.  [Applause  in  the  galleries.] 

The  PRESIDING  OFFICER  : J  —  It  will  become  the 
unpleasant  but  imperative  duty  of  the  Chair  to  clear 
the  galleries. 

Mr.  JOHNSON.     I  have  done. 

[The  applause  was  renewed,  and  was  louder  and 
more  general  than  before.  Hisses  were  succeeded 
by  applause,  and  cheers  were  given  and  reiterated, 
with  "  Three  cheers  more  for  JOHNSON  of  Ten 
nessee  !  "] 

[As  Mr.  JOHNSON  sat  down,  the  spectators  in  the 
densely  crowded  galleries  rose  in  order  to  leave, 
when,  after  the  lapse  of  a  few  seconds,  a  faint  cheer, 
followed  by  the  clapping  of  a  single  pair  of  handsr 
was  raised  in  the  southeast  corner  of  the  ladies'  gal 
lery.  This  was  hesitatingly  imitated  by  two  or  three 

1  Mr.  Fitch  in  the  chair. 


OF  ANDREW  JOHNSON.  315 

persons  further  on  in  the  south  range  of  the  same 
gallery,  but,  instantaneously  gathering  strength,  it 
lighted  up  the  enthusiasm-  of  the  packed  galleries  in 
the  west  and  northwest  quarters,  and  a  tremendous 
outburst  of  applause,  putting  to  silence  the  powerful 
blows  from  the  hammer  of  the  Presiding  Officer, 
succeeded.  Three  cheers  were  given  for  the  Union, 
and  three  for  ANDREW  JOHNSON  of  Tennessee  ;  and 
as  by  this  time  the  Senators  on  the  floor  gave  the 
strongest  token  of  indignation  and  outraged  dignity, 
the  retreating  crowd  uttered  a  shower  of  hisses. 

o 

Altogether,  the  exhibition  was  the  most  vociferous 
and  unrepressed  that  ever  took  place  in  the  galleries 
of  either  house  of  Congress.] 


316  THE  SPEECHES 


SPEECH    AT   CINCINNATI,   OHIO. 

DELIVERED   JUNE     19,    1861. 

FELLOW-CITIZENS  :  —  In  reply  to  the  cordial 
welcome  which  has  just  been  tendered  to  me, 
through  your  chosen  organ,  —  in  reply  to  what  has 
been  said  by  the  gentlemen  chosen  by  you  to  bid 
me  welcome  to  Cincinnati,  I  have  not  language 
adequate  to  express  my  feelings  of  gratitude.  I 
cannot  find  language  to  thank  you  for  the  tender 
of  good-fellowship  which  has  been  made  to  me  on 
the  present  occasion.  I  came  here  without  any 
expectation  that  such  a  reception  was  in  store  for 
me.  I  had  no  expectation  of  being  received  and 
welcomed  in  the  language,  I  may  say,  the  eloquent 
and  forcible  language  of  your  chosen  organ.  I  am 
deserving  of  no  such  tender. 

o 

I  might  conclude  what  little  I  am  going  to  say 
by  merely  responding  to  and  indorsing  every  single 
sentence  uttered  on  this  occasion,  in  welcoming  me 
to  your  midst.  [Applause.] 

For  myself,  I  feel  that  while  I  am  a  citizen  of  a 
Southern  State  —  a  citizen  of  the  South,  and  of  the 
State  of  Tennessee,  I  feel,  at  the  same  time,  that  I 
am  also  a  citizen  of  the  United  States.  [Applause.] 


OF  ANDREW  JOHNSON.  317 

Most  cordially  do  I  respond  to  what  has  been  said 
in  reference  to  the  maintenance  of  the  Constitution 
of  the  United  States,  in  all  its  bearings,  in  all  its 
principles  therein  contained.  The  Constitution  of 
the  United  States  lays  down  the  basis  upon  which 
the  Union  of  all  the  States  of  this  confederacy  can 
and  may  be  maintained  and  preserved,  if  it  be  lit 
erally  and  faithfully  carried  out.  [Applause.]  So 
far  as  I  am  concerned,  feeling  that  I  am  a  citizen 
of  the  Union  —  that  I  am  a  citizen  of  the  United 
States,  I  am  willing  to  abide  by  that  Constitution. 
I  am  willing  to  live  under  a  government  that  is 
built  upon  and  perpetuated  upon  the  principles  laid 
down  by  the  Constitution,  which  was  framed  by 
Washington  and  his  compeers,  after  coming  from 
the  heat  and  strife  of  bloody  revolution.  [Ap 
plause.] 

I  repeat,  again,  that  I  have  not  language  adequate 
to  express  my  gratitude  and  appreciation  of  the 
kindness  which  has  been  manifested  in  regard  to 
my  humble  self.  I  cannot  sufficiently  thank  you 
for  the  manifestation  of  your  appreciation  of  the 
course  I  have  pursued  in  regard  to  the  crisis  which 
is  now  upon  this  country.  I  have  no  words  to 
utter,  or  rather  I  have  words  which  will  not  give 
utterance  to  the  feelings  that  I  entertain  on  this 
occasion.  [Applause.]  I  feel,  to-day,  a  confidence 
in  my  own  bosom  that  the  cordiality,  and  the  sym 
pathy,  and  the  response  that  comes  here  from  the 
people  of  Ohio,  is  heartfelt  and  sincere.  I  feel  that 
27* 


318  THE  SPEECHES 

in  reference  to  the  great  question  now  before  the 
people,  those  whom.  I  see  before  me  are  honest  and 
sincere.  [Applause.]  I  repeat  again,  and  for 
the  third  time,  that  I  have  no  language  with  which 
I  can  express  my  gratitude  to  you,  and  at  the  same 
time  my  devotion  to  the  principles  of  the  Consti 
tution,  and  the  flag  and  emblem  of  our  glorious 
Union  of  States.  [Applause.] 

I  know  that  there  has  been  much  said  about  the 
North,  much  said  about  the  South.  I  am  proud 
here,  to-day,  to  hear  the  sentiments  which  have 
been  uttered  in  reference  to  the  North  and  the 
South,  and  the  relations  that  exist  between  these 
two  sections.  [Applause.]  I  am  glad  to  hear  it 
said  in  such  a  place  as  this,  that  the  pending  diffi 
culties  —  I  might  say,  the  existing  war  —  which 
are  now  upon  this  country,  do  not  grow  out  of  any 
animosity  to  the  local  institution  of  any  section. 
[Applause.]  I  am  glad  to  be  assured  that  it  grows 
out  of  a  determination  to  maintain  the  glorious 
principles  upon  which  the  Government  itself  rests, 
—  the  principles  contained  in  the  Constitution, — 
and,  at  the  same  time,  to  rebuke  and  to  bring  back, 
as  far  as  may  be  practicable,  within  the  pale  of  the 
Constitution,  those  individuals,  or  States  even,  who 
have  taken  it  upon  themselves  to  exercise  a  prin 
ciple  and  doctrine  at  war  with  all  government, 
with  all  association  —  political,  moral,  and  religious. 
[Applause.]  I  mean  the  doctrine  of  secession, 
which  is  neither  more  nor  less  than  a  heresy  — 


OF  ANDREW  JOHNSON.  319 

a  fundamental  error  —  a  political  absurdity,  coming 
in  conflict  with  all  organized  government,  with 
everything  that  tends  to  preserve  law  and  order 
in  the  United  States,  or  wherever  else  the  odious 
and  abominable  doctrine  may  be  attempted  to  be 
exercised.  I  look  upon  the  doctrine  of  secession 
as  coming  in  conflict  with  all  organism,  moral  and 
social.  I  repeat,  without  regard  to  the  peculiar 
institutions  of  the  respective  States  composing  this 
confederacy,  without  regard  to  any  government 
that  may  be  founded  in  the  future,  or  exists  in  the 
present,  this  odious  doctrine  of  secession  should  be 
crushed  out,  destroyed,  and  totally  annihilated. 
No  government  can  stand,  no  religious,  or  moral, 
or  social  organization  can  stand,  where  this  doctrine 
is  tolerated.  [Applause.]  It  is  disintegration  — 
universal  dissolvement  —  in  making  war  upon  every 
thing  that  has  a  tendency  to  promote  and  ameliorate 
the  condition  of  the  mass  of  mankind.  [Applause.] 
Therefore  I  repeat,  that  this  odious  and  abominable 
doctrine  —  you  must  pardon  me  for  using  a  strong 
expression  —  I  do  not  say  it  in  a  profane  sense  — 
but  this  doctrine  I  conceive  to  be  —  hell-born  and 
hell-bound,  and  one  which  will  carry  everything  in 
its  train,  unless  it  is  arrested  and  crushed  out  from 
our  midst.  [Great  Applause.] 

In  response  to  what  has  been  said  to  me  here  to 
day,  I  confess,  when  I  lay  my  hand  upon  my  bosom, 
I  feel  gratified  at  hearing  the  sentiments  that  have 
been  uttered  —  that  we  are  all  willing  to  stand  up 


320  THE  SPEECHES 

for  the  constitutional  rights  guaranteed  to  every 
State,  every  community,  —  that  we  are  all  deter 
mined  to  stand  up  for  the  prerogatives  secured  to 
us  in  the  Constitution  as  citizens  of  States,  compos 
ing  one  grand  confederacy,  whether  we  belong  to 
the  North  or  to  the  South,  to  the  East  or  to  the 
West.  I  say  that  I  am  gratified  to  hear  such  senti 
ments  uttered  here  to-day.  I  regard  them  as  the 
most  conclusive  evidence  that  there  is  no  disposition 
on  the  part  of  any  citizens  of  the  loyal  States  to 
make  war  upon  any  peculiar  institution  of  the  South, 
[Applause,]  whether  it  be  slavery  or  anything  else, 
—  leaving  that  institution  under  the  Constitution, 
to  be  controlled  by  time,  circumstances,  and  the 
great  laws  which  lie  at  the  foundation  of  all  things 
which  political  legislation  can  control.  [Applause.] 
While  I  am  before  you,  my  countrymen,  I  am  in 
hopes  it  will  not  be  considered  out  of  place  for  me 
to  make  a  single  remark  or  two  in  reference  to 
myself  as  connected  with  the  present  crisis.  My 
position  in  the  Congress  of  the  United  States  during 
its  last  session  is,  I  suppose,  familiar  to  most,  if  not 
all,  of  you.  You  know  the  doctrine  I  laid  down 
then,  and  I  can  safely  say  that  the  opinions  I  enter 
tain  now  on  the  questions  of  the  day  are  as  they 
were  then.  I  have  not  changed  them.  I  have 
seen  no  reason  to  change  them.  I  believe  that  a 
government  without  the  power  to  enforce  its  laws 
made  in  conformity  with  the  Constitution,  is  no 
government  at  all.  [Applause.]  We  have  arrived 


OF  ANDREW  JOHNSON.  321 

at  that  period  in  our  national  history  at  which  it 
has  become  necessary  for  this  Government  to  say 
to  the  civilized,  as  well  as  to  the  pagan  world, 
whether  it  is  in  reality  a  government,  or  whether 
it  is  but  a  pretext  for  a  government.  If  it  has 
power  to  preserve  its  existence,  and  to  maintain 
the  principles  of  the  Constitution  and  the  laws, 
that  time  has  now  arrived.  If  it  is  a  government, 
that  authority  should  be  asserted.  I  say,  then,  let 
the  civilized  world  see  that  we  have  a  £overnment. 

o 

Let  us  dispel  the  delusion  under  which  we  have 
been  laboring  since  the  inauguration  of  the  Gov 
ernment  in  1789,  —  let  us  show  that  it  is  not  an 
ephemeral  institution,  that  we  have  not  merely 
imagined  we  had  a  government,  and  when  the 
test  came,  that  the  government  frittered  away  be 
tween  our  fingers  and  quickly  faded  in  the  distance. 
[Applause.]  The  time  has  come  when  the  gov 
ernment  reared  by  our  fathers  should  assert  itself, 
and  give  conclusive  proof  to  the  civilized  world  that 
it  is  a  reality  and  a  perpetuity.  [Applause.]  Let 
us  show  to  other  nations  that  this  doctrine  of  seces 
sion  is  a  heresy  ;  that  States  coming  into  the  con 
federacy,  that  individuals  living  in  the  confederacy, 
under  the  Constitution  have  no  right  nor  authority, 
upon  their  own  volition,  to  set  the  laws  and  the 
Constitution  aside,  and  to  bid  defiance  to  the  au 
thority  of  the  government  under  which  they  live. 
[Applause.] 

I  substantially  cited  the  best  authority  that  could 


322  THE  SPEECHES 

be  produced  upon  this  subject,  and  took  this  position 
during  the  last  session  of  Congress.  I  stand  here 
to-day  before  you  and  advocate  the  same  principles 
for  which  I  then  contended.  As  early  as  1833, 
(let  me  here  say  I  am  glad  to  find  that  the  com 
mittee  which  have  waited  upon  me  on  this  occasion 
represent  all  the  parties  among  which  we  have  been 
divided,)  —  as  early  as  1833,  I  say,  I  formed  my 
opinions  in  reference  to  this  doctrine  of  secession 
in  the  nullification  of  the  laws  of  the  United  States. 
I  held  these  doctrines  up  to  the  year  1850,  and  I 
maintain  them  still.  [Applause.]  I  entertained 
these  opinions  down  to  the  latest  sitting  of  Con 
gress,  and  I  have  reiterated  them.  I  entertain  and 
express  them  here  to-day.  [Applause.]  In  this 
connection  I  may  be  permitted  to  remark,  that, 
during  our  last  struggle  for  the  Presidency,  all 
parties  contended  for  the  preservation  of  the  Union. 
Without  going  further  back,  what  was  that  strug 
gle  ?  Senator  Douglas,  of  the  State  of  Illinois,  was 
a  candidate.  His  friends  presented  him  as  the  best 
Union  man.  I  shall  speak  upon  this  subject  in  ref 
erence  to  my  position.  Mr.  Breckinridge's  friends 
presented  him  to  the  people  as  the  Union  candidate. 
I  was  one  of  Mr.  Breckinridge's  friends.  The  Bell 
men  presented  the  claims  of  the  Hon.  John  Bell 
of  Tennessee  for  the  Presidency  upon  the  ground 
that  he  was  the  best  Union  candidate.  The  Re 
publican  party,  so  far  as  I  understand  them,  have 
always  been  in  favor  of  the  Union.  Then  here 


OF  ANDREW  JOHNSON.  323 

was  the  contest  between  four  candidates  presented 
to  the  consideration  of  the  people  of  the  United 
States. 

Now,  where  do  we  find  ourselves  ?  In  times 
gone  by  you  know  we  had  our  discussions  and  our 
quarrels.  It  was  bank  and  anti-bank  questions, 
tariff  and  anti-tariff,  internal  improvement  and 
anti-internal  improvement,  or  the  distribution  of 
the  money  derived  from  the  sale  of  public  land 
among  the  several  States.  Such  measures  as  these 
were  presented  to  the  people,  and  the  aim  in  the 
solution  of  all  was  how  best  to  preserve  the  union 
of  these  States.  One  party  favored  the  measures 
as  calculated  to  promote  the  welfare  of  our  common 
country  ;  another  opposed  them  to  bring  about  the 
same  result.  Then  what  was  the  former  contest  ? 
Bringing  it  down  to  the  present  time,  there  has 
been  no  disagreement  between  Republicans,  Bell 
men,  Douglas  men,  and  Breckinridge  men,  as  re 
gards  the  preservation  of  the  union  of  States. 
Now,  however,  these  measures  are  all  laid  aside ; 
all  these  party  questions  are  left  out  of  consid 
eration,  and  the  great  question  comes  up  as  to  the 
Constitution,  as  adopted  by  the  old  Articles  of  Con 
federation,  and  afterwards  reaffirmed  in  the  adoption 
of  the  Constitution  of  the  United  States.  Now, 
when  this  great  question  arises,  involving  the  pres 
ervation  and  existence  of  the  United  States,  I  am 
proud  to  meet  this  vast  concourse  of  people,  and 
hear  them  say  they  are  willing  to  lay  aside  all  party 


324  THE  SPEECHES 

measures,  all  party  considerations,  and  come  up  to 
join  in  one  fraternal  hug  to  sustain  the  bright  Stars 
and  broad  Stripes  of  our  glorious  Union,  — all  will 
ing  to  cooperate  for  the  consummation  of  a  sublime 
purpose,  without  regard  to  former  party  differences, 

—  that  we  are  all  determined  to  stand  fast  by  the 
union  of  these  States.      [Applause.] 

So  far  as  I  am  concerned,  I  am  willing  to  say  in 
this  connection  that  I  am  proud  to  stand  here  among 
you  as  one  of  the  humble  upholders  and  supporters 
of  the  Stars  and  Stripes  that  have  been  borne  by 
Washington  through  a  seven  years'  revolution,  —  a 
bold  and  manly  struggle  for  our  independence,  and 
separation  from  the  mother-country.  That  is  my  flag 

—  that  flag  was  borne  by  Washington  in  triumph. 
Under  it  I  want  to  live,  and  under  no  other.     It  is 
that  flag  that  has  been  borne  in   triumph  by  the 
Revolutionary  fathers  over  every  battle-field,  when 
our  brave  men,  after  toil  and  danger,  laid  down  and 
slept  on  the  cold  ground,  with  no  covering  but  the 
inclement  sky,  and  arose  in  the  morning  and  re 
newed  their  march  over  the  frozen  ground,  as  the 
blood  trickled  from  their  feet,  —  all  to  protect  that 
banner  and  bear  it  aloft  triumphantly.     I  have  inti 
mated  that  I  should  make  some  allusion  to  myself. 
I  have  indicated  to  you  what  were  my  opinions  and 
my  views  from  1838  down  to  the  moment  I  stand 
before  you.     With  the  facts  in  relation  to  the  con 
test  which  took  place  recently  in  the  State  of  Ten 
nessee,  you  are  all  familiar.      No  longer  ago  than 


OF   ANDREW  JOHNSON.  325 

last  February  there  was  an  extra  session  of  the 
Legislature  called.  There  was  then  a  law  passed 
authorizing  a  convention  to  be  called.  The  people 
of  that  State  voted  it  down  by  a  majority  of  sixty- 
four  thousand. 

In  a  very  short  time  afterwards   another  session 
of  the  Legislature   was  called.      This   Legislature 

o  o 

went  into  secret  session  in  a  very  short  time.  While 
the  Southern  Confederacy,  or  its  agents,  had  access 
to  it,  and  were  put  in  possession  of  the  doings  and 
proceedings  of  this  secret  session,  the  great  mass  of 
my  own  State  were  not  permitted  even  to  put  their 
ears  to  the  keyhole,  or  to  look  through  a  crevice  in 
the  doors,  to  ascertain  what  was  being  done.  A 
league  with  the  Southern  Confederacy  has  been 
formed,  and  the  State  has  been  handed  over  to  the 
Southern  Confederacy,  with  Jefferson  Davis  at  its 
head.  We,  the  people  of  Tennessee,  have  been 
handed  over  to  this  Confederacy,  I  say,  like  sheep 
in  the  shambles,  bound  hand  and  foot,  to  be  dis 
posed  of  as  Jefferson  Davis  and  his  cohorts  may 
think  proper.  This  Ordinance  was  passed  by  the 
Convention  with  a  proviso  that  it  should  be  sub 
mitted  to  the  people.  The  Governor  was  authorized 
to  raise  fifty-five  thousand  men.  Money  was  appro 
priated  to  enable  him  to  carry  out  this  diabolical 
and  nefarious  scheme,  depriving  the  people  of  their 
rights,  disposing  of  them  as  stock  in  the  market,  — 
handing  them  over,  body  and  soul,  to  the  Southern 
Confederacy. 

28 


326  THE  SPEECHES 

Now  you  may  talk  about  slaves  and  slavery,  but 
in  most  instances  when  a  slave  changes  his  master, 
e,ven  he  has  the  privilege  of  choosing  whom  he  de 
sires  for  his  next  master ;  but  in  this  instance  the 
sovereign  people  of  a  free  State  have  not  been  al 
lowed  the  power  or  privilege  of  choosing  the  master 
they  desired  to  serve.  They  have  been  given  a 
master  without  their  consent  or  advice.  No  trouble 
was  taken  to  ascertain  what  their  desires  were,  — 
they  were  at  once  handed  over  to  this  Southern 
Confederacy. 

Mr.  JOHNSON  here  referred  to  the  provisions  of 
the  Tennessee  Secession  Ordinance,  &c.  Noticing 
the  persecution  of  the  Union  men  in  Tennessee,  he 
remarked  :  — 

But  while  this  contest  has  been  going  on,  a  por 
tion  of  our  fellow-citizens  have  been  standing  up  for 
the  Constitution  and  the  Union,  and  because  they 
have  dared  to  stand  upon  the  great  embattlement 
of  constitutional  liberties,  exercising  the  freedom  and 
the  liberty  of  speech,  a  portion  of  our  people  have 
declared  that  we  are  traitors  ;  they  have  said  that  our 
fate  was  to  be  the  fate  of  traitors ;  and  that  hemp 
was  growing,  and  that  the  day  of  our  execution  was 
approaching;  —  that  the  time  would  come  when  those 
who  dare  stand  by  the  Constitution  and  the  prin 
ciples  therein  embraced,  would  expiate  their  deeds 
upon  the  gallows.  We  have  met  all  these  things. 
We  have  met  them  in  open  day.  We  have  met 
them  face  to  face  — toe  to  toe  —  at  least  in  one  por- 


OF  ANDREW  JOHXSON.  327 

tion  of  the  State.  We  have  told  them  that  the 
Constitution  of  the  United  States  defines  treason, 
and  that  definition  is,  that  treason  against  the  United 
States  shall  consist  only  in  levyino-  war  against  the 

t/  J          O  & 

General  Government  of  the  United  States.  We 
have  told  them  that  the  time  would  come  when  the 
principles  of  the  Constitution  and  the  law  defining 
treason  would  be  maintained.  We  have  told  them 
that  the  time  would  come  when  the  judiciary  of 
the  Government  would  be  sustained  in  such  a  man 
ner  that  it  could  define  what  was  treason  under  the 
Constitution  and  the  law  made  in  conformity  with 
it,  and  that  when  defined,  they  would  ascertain  who 
were  the  traitors,  and  who  it  was  that  would  stretch 
the  hemp  they  had  prepared  for  us.  [Applause.] 

I  know  that,  in  reference  to  myself  and  others, 
rewards  have  been  offered,  and  it  has  been  said  that 
warrants  have  been  issued  for  our  arrest.  Let  me 
say  to  you  here  to-day,  that  I  am  no  fugitive, 
especially  no  fugitive  from  justice.  [Laughter.]  If 
I  were  a  fugitive,  I  would  be  a  fugitive  from 
tyranny  —  a  fugitive  from  the  reign  of  terror.  But, 
thank  God,  the  country  in  which  I  live,  and  that 
division  of  the  State  from  which  I  hail,  will  record 
a  vote  of  twenty-five  thousand  against  the  Seces 
sion  Ordinance.  The  county  in  which  I  live  gave 
a  majority  of  two  thousand  and  seven  against  this 
odious,  diabolical,  nefarious,  hell  -  born  and  hell- 
bound  doctrine. 


328  THE  SPEECHES 


SPEECH  ON  THE  WAR  FOR  THE  UNION. 

DELIVERED   IN   THE   SENATE   OF   THE   UNITED    STATES,  JULY  27,  1861. 

The  Senate  having  under  consideration  the  joint  resolu 
tion  to  approve  and  confirm  certain  acts  of  the  President  of 
the  United  States  for  suppressing  insurrection  and  rebellion, 
Mr.  JOHNSON  said :  — 

MR.  PRESIDENT  :  When  I  came  from  my  home 
to  the  seat  of  Government,  in  compliance  with  the 
proclamation  of  the  President  of  the  United  States 
calling  us  together  in  extra  session,  it  was  not  my 
intention  to  engage  in  any  of  the  discussions  that 
might  transpire  in  this  body ;  but  since  the  session 
began,  in  consequence  of  the  course  that  things 
have  taken,  I  feel  unwilling  to  allow  the  Senate  to 
adjourn  without  saying  a  few  words  in  response  to 
many  things  that  have  been  submitted  to  the  Senate 
since  its  session  commenced.  What  little  I  shall 
say  to-day  will  be  without  much  method  or  order. 
I  shall  present  the  suggestions  that  occur  to  my 
mind,  and  shall  endeavor  to  speak  of  the  condition 
of  the  country  as  it  is. 

On  returning  here,  we  find  ourselves,  as  we  were 
when  we  adjourned  last  spring,  in  the  midst  of  a 
civil  war.  That  war  is  now  progressing,  without 


OF  ANDREW  JOHNSON.  329 

much  hope  or  prospect  of  a  speedy  termination.  It 
seems  to  me,  Mr.  President,  that  our  Government 
has  reached  one  of  three  periods  through  which  all 
governments  must  pass.  A  nation,  or  a  people, 
have  first  to  pass  through  a  fiery  ordeal  in  obtain 
ing  their  independence  or  separation  from  the  gov 
ernment  to  which  they  were  attached.  We  passed 
through  such  an  one  in  the  Revolution  ;  we  were 
seven  years  in  effecting  the  separation,  and  in  tak 
ing  our  position  amongst  the  nations  of  the  earth 
as  a  separate  and  distinct  power.  Then,  after  hav 
ing  succeeded  in  establishing  its  independence,  and 
taken  its  position  among  the  nations  of  the  earth, 
a  nation  must  show  its  ability  to  maintain  that  posi 
tion,  that  separate  and  distinct  independence  against 
other  powers,  against  foreign  foes.  In  1812,  in  the 
history  of  our  Government,  this  ordeal  commenced, 
and  terminated  in  1815. 

There  is  still  another  trial  through  which  a  nation 
must  pass.  It  has  to  contend  against  internal  foes  ; 
against  enemies  at  home ;  against  those  who  have 
no  confidence  in  its  integrity,  or  in  the  institutions 
that  may  be  established  under  its  organic  law.  We 
are  in  the  midst  of  this  third  ordeal,  and  the  prob 
lem  now  being  solved  before  the  nations  of  the 
earth,  and  before  the  people  of  the  United  States, 
is,  whether  we  can  succeed  in  maintaining  ourselves 
against  the  internal  foes  of  the  Government ;  whether 
we  can  succeed  in  putting  down  traitors  and  treason, 
and  in  establishing  the  great  fact  that  we  have  a 

28* 


330  THE   SPEECHES 

Govern  muni  with  sufficient  strength  to  maintain  its 
existence  against  whatever  combination  may  be  pre 
sented  in  opposition  to  it. 

This  brings  me  to  a  proposition  laid  down  by  the 
Executive  in  his  recent  message  to  the  Congress 
of  the  United  States.  In  that  message  the  Presi 
dent  said,  — 

"  This  is  essentially  a  people's  contest.  On  the  side  of  the 
Union  it  is  a  struggle  for  maintaining  in  the  world  that  form 
and  substance  of  government  whose  leading  object  is  to  ele 
vate  the  condition  of  men  ;  to  lift  artificial  weights  from  all 
shoulders  ;  to  clear  the  paths  of  laudable  pursuit  for  all ;  to 
afford  all  an  unfettered  start,  and  a  fair  chance  in  the  race  of 
life.  Yielding  to  partial  and  temporary  departures,  from 
necessity,  this  is  the  leading  object  of  the  Government  for 
whose  existence  we  contend." 

I  think  the  question  is  fairly  and  properly  stated 
by  the  President,  that  it  is  a  struggle  whether  the 
people  shall  rule;  whether  the  people  shall  have  a 
government  based  upon  their  intelligence,  upon 
their  integrity,  upon  their  purity  of  character,  suf 
ficient  to  govern  themselves.  I  think  this  is  the 
true  issue  ;  and  the  time  has  now  arrived  when  the 
energies  of  the  nation  must  be  put  forth,  when  there 
must  be  union  and  concert  among  all  who  agree  in 
man's  capability  of  self  -  government,  in  order  to 
demonstrate  that  great  proposition,  without  regard 
to  former  party  divisions  or  prejudices. 

Since  this  discussion  commenced,  it  has  been 
urged  in  argument,  by  Senators  on  one  side,  that 
there  was  a  disposition  to  change  the  nature  and 


OF  ANDREW  JOHNSON.  331 

character  of  the  Government ;  and  that,  if  \ve  pro 
ceeded  as  we  were  going,  it  would  result  in  estab 
lishing  a  dictatorship.  It  has  been  said  that  the 
whole  framework,  nature,  genius,  and  character  of 
the  Government  would  be  entirely  changed  ;  and 
great  apprehensions  have  been  expressed  that  it 
would  result  in  a  consolidation  of  the  Government 
or  a  dictatorship.  We  find,  in  the  speech  delivered 
by  the  distinguished  Senator  from  Kentucky1  the 
other  day,  the  following  paragraph,  alluding  to  what 
will  be  the  effect  of  the  passage  of  this  joint  resolu 
tion  approving  the  action  of  the  President :  — 

u  Here  in  Washington,  in  Kentucky,  in  Missouri,  every 
where  where  the  authority  of  the  President  extends,  in  his 
discretion  he  will  feel  himself  warranted  by  the  action  of  Con 
gress  upon  this  resolution  to  subordinate  the  civil  to  the  mili 
tary  power ;  to  imprison  citizens  without  warrant  of  law ;  to 
suspend  the  writ  of  habeas  corpus;  to  establish  martial  law; 
to  make  seizures  and  searches  without  warrant ;  to  suppress 
the  press ;  to  do  all  those  acts  which  rest  in  the  will  and  in 
the  authority  of  a  military  commander.  In  my  judgment,  sir, 
if  we  pass  it,  we  are  upon  the  eve  of  putting,  so  far  as  we  can, 
in  the  hands  of  the  President  of  the  United  States  the  power 
of  a  dictator." 

Then,  in  reply  to  the  Senator  from  Oregon,2  he 
seems  to  have  great  apprehension  of  a  radical  change 
in  our  form  of  government.  The  Senator  goes  on 
to  say,  — 

"  The  pregnant  question,  Mr.  President,  for  us  to  decide 
is,  whether  the  Constitution  is  to  be  respected  in  this  struggle  ; 
whether  we  are  to  be  called  upon  to  follow  the  flag  over  the 
1  Mr.  Breckinridge.  2  Mr.  Baker. 


332  THE  SPEECHES 

ruins  of  the  Constitution  ?  Without  questioning  the  motives 
of  any,  I  believe  that  the  whole  tendency  of  the  present  pro 
ceedings  is  to  establish  a  government  without  limitation  of 
powers,  and  to  change  radically  our  frame  and  character  of 
government." 

Sir,  I  most  frilly  concur  with  the  Senator  that 
there  is  a  great  effort  being  made  to  change  the 
nature  and  character  of  our  Government.  I  think 
that  effort  is  being  demonstrated  and  manifested 
most  clearly  every  day ;  but  we  differ  as  to  the 
parties  who  are  making  this  great  effort. 

The  Senator  alludes  in  his  speech  to  a  conversa 
tion  he  had  with  some  very  intelligent  gentleman 
who  formerly  represented  our  country  abroad.  It 
appears  from  that  conversation  that  foreigners  were 
accustomed  to  say  to  Americans,  "  I  thought  your 
Government  existed  by  consent ;  now  how  is  it  to 
exist?  "  and  the  reply  was,  "  We  intend  to  change 
it ;  we  intend  to  adapt  it  to  our  condition  ;  these 
old  colonial  geographical  divisions  and  States  will 
ultimately  be  rubbed  out,  and  we  shall  have  a  gov 
ernment  strong  and  powerful  enough."  The  Sen 
ator  seemed  to  have  great  apprehensions  based  on 
those  conversations.  He  read  a  paragraph  from  a 
paper,  indicating  that  State  lines  were  to  be  rubbed 
out.  In  addition  to  all  this  he  goes  on  to  state  that 
the  writ  of  habeas  corpus  has  been  violated,  and  he 
says  that  since  the  Government  commenced  there 
has  not  been  a  case  equal  to  the  one  which  has 
recently  transpired  in  Maryland.  I  shall  take  up 


OF  ANDREW  JOHNSON,  333 

some  of  his  points  in  their  order,  and  speak  of  them 
as  I  think  they  deserve  to  be  spoken  of.  The  Sena 
tor  says,  — 

"  The  civil  authorities  of  the  country  are  paralyzed,  and  a 
practical  martial  law  is  being  established  all  over  the  land. 
The  like  never  happened  in  this  country  before,  and  would 
not  be  tolerated  in  any  country  in  Europe  which  pretends  to 
the  elements  of  civilization  and  regulated  liberty.  George 
Washington  carried  the  thirteen  colonies  through  the  war  of 
the  Revolution  without  martial  law.  The  President  of  the 
United  States  cannot  conduct  the  Government  three  months 
without  resorting  to  it." 

The  Senator  puts  great  stress  on  the  point,  and 
speaks  of  it  in  very  emphatic  language,  that  Gen 
eral  Washington  carried  the  country  through  the 
seven  years  of  the  Revolution  without  resorting  to 

•/  O 

martial  law  during  all  that  period  of  time.  Now, 
how  does  the  matter  stand?  When  we  come  to 
examine  the  history  of  the  country,  it  would  seem 
that  the  Senator  had  not  hunted  up  all  the  cases. 
We  can  find  some,  and  one  in  particular,  not  very 
different  from  the  case  which  has  recently  occurred, 
and  to  which  he  alluded.  In  1777,  the  second  year 
of  the  war  of  the  Revolution,  numbers  of  the  So 
ciety  of  Friends  in  Philadelphia  were  arrested  on 
suspicion  of  being  disaffected  to  the  cause  of  Amer 
ican  freedom.  A  publication  now  before  me  says,  — 

"  The  persons  arrested,  to  the  number  of  twenty,"  .... 
"  were  taken  into  custody,  by  military  force,  at  their  homes 
or  usual  places  of  business ;  many  of  them  could  not  obtain 
any  knowledge  of  the  cause  of  their  arrest,  or  of  any  one  to 


334  THE  SPEECHES 

whom  they  wore  amenable,  and  they  could  only  hope  to  avail 
themselves  of  the  intervention  of  some  civil  authority. 

"  The  Executive  Council  [of  the  State  of  Pennsylvania], 
being  formed  of  residents  of  the  city  and  county  of  Phila 
delphia,  had  a  better  knowledge  of  the  Society  of  Friends  and 
of  their  individual  characters  than  the  members  of  Congress 
assembled  from  the  various  parts  of  the  country,  and  ought  to 
have  protected  them.  But  instead  of  this,  they  caused  these 
arrests  of  their  fellow-citizens  to  be  made  with  unrelenting 
severity,  and  from  the  1st  to  the  4th  day  of  September,  1777, 
the  party  was  taken  into  confinement  in  the  Mason's  Lodge, 
in  Philadelphia. 

"On  the  minutes  of  Congress  of  3d  September,  1777,  it 
appears  that  a  letter  was  received  by  them  from  George  Bryan, 
Vice-President  of  the  Supreme  Executive  Council,  dated  2d 
September,  stating  that  arrests  had  been  made  of  persons  in 
imical  to  the  American  States,  and  desiring  the  advice  of 
Congress  particularly  whether  Augusta  and  Winchester,  in 
Virginia,  would  not  be  proper  places  at  which  to  secure  pris 
oners."  .... 

"  Congress  must  have  been  aware  that  it  was  becoming  a 
case  of  very  unjust  suffering,  for  they  passed  their  resolution 
of  6th  September,  1777,  as  follows:  — 

" '  That  it  be  recommended  to  the  Supreme  Executive 
Council  of  the  State  of  Pennsylvania  to  hear  what  the  said  re 
monstrants  can  allege  to  remove  the  suspicions  of  their  being 
disaffected  or  dangerous  to  the  United  States.' 

"  But  the  Supreme  Executive  Council  on  the  same  day, 
referring  to  the  above, 

"  *  Resolved,  That  the  President  do  write  to  Congress  to  let 
them  know  that  the  Council  has  not  time  to  attend  to  that 
business  in  the  present  alarming  crisis,  and  that  they  were, 
agreeably  to  the  recommendation  of  Congress,  at  the  moment 
the  resolve  was  brought  into  Council,  disposing  of  everything 
for  the  departure  of  the  prisoners.' " 


OF  ANDREW  JOHNSON.  335 

"  As  the  recommendation  of  Congress  of  the  Gth  of  Septem 
ber,  to  give  the  prisoners  a  hearing,  was  refused  by  the  Su 
preme  Executive  Council,  the  next  minute  made  by  Congress 
was  as  follows  :  — 

"  '  In  Congress,  8th  September,  1777. 

"  *  Resolved,  That  it  would  be  improper  for  Congress  to  enter 
into  a  hearing  of  the  remonstrants  or  other  prisoners  in  the 
Mason's  Lodge,  they  being  inhabitants  of  Pennsylvania  ;  and 
therefore,  as  the  Council  declines  giving  them  a  hearing  for 
the  reasons  assigned  in  their  letter  to  Congress,  that  it  be 
recommended  to  said  Council  to  order  the  immediate  departure 
of  such  of  the  said  prisoners  as  yet  refuse  to  swear  or  affirm 
allegiance  to  the  State  of  Pennsylvania,  to  Staunton,  in  Vir 
ginia.' 

"  The  remonstrances  made  to  Congress,  and  to  the  Supreme 
Executive  Council,  being  unavailing,  the  parties  arrested  were 
ordered  to  depart  for  Virginia,  on  the  llth  September,  1777, 
when,  as  their  last  resource,  they  applied,  under  the  laws  of 
Pennsylvania,  to  be  brought  before  the  judicial  court  by  writs 
of  habeas  corpus. 

"  The  departure  of  the  prisoners  was  committed  to  the  care 
of  Colonel  Jacob  Morgan,  of  Bucks  County,  and  they  were 
guarded  by  six  of  the  light-horse,  commanded  by  Alexander 
Nesbitt  and  Samuel  Caldwell,  who  were  to  obey  the  despatches 
from  the  Board  of  War,  of  which  General  Horatio  Gates  was 
president,  directed  to  the  lieutenants  of  the  counties  through 
which  the  prisoners  were  to  pass. 

"  The  writs  of  habeas  corpus,  on  being  presented  to  the  Chief 
Justice,  were  marked  by  him,  'Allowed  by  Thomas  McKean,' 
and  they  were  served  on  the  officers  who  had  the  prisoners  in 
custody,  when  they  had  been  taken  on  their  journey  as  far  as 
Reading,  Pennsylvania,  on  the  14th  day  of  September,  but  the 
officers  refused  to  obey  them. 

"  It  appears  by  the  Journal  of  the  Supreme  Executive 
Council  of  the  16th  of  September,  that  Alexander  Nesbitt,  one 
of  the  officers,  had  previously  obtained  information  about  the 


336  THE  SPEECHES 

writs,  and  made  a  report  of  them ;  when  the  Pennsylvania 
Legislature,  at  the  instance  of  the  Supreme  Executive  Coun 
cil,  passed  a  law  on  the  16th  of  September,  1777,  to  suspend 
the  habeas  corpus  act',  and  although  it  was  an  ex  post  facto 
law,  as  it  related  to  their  case,  the  Supreme  Executive  Coun 
cil  on  that  day  ordered  the  same  to  be  carried  into  effect." 

Continuing  the  history  of  this  case,  we  find 
that  - 

"  The  party  consisted  of  twenty  persons,  of  whom  seventeen 
were  members  of  the  Society  of  Friends.  They  were  ordered 
first  to  Staunton,  then  a  frontier  town  in  the  western  settle 
ment  of  Virginia,  but  afterwards  to  be  detained  at  Winchester, 
where  they  were  kept  in  partial  confinement  nearly  eight 
months,  without  provision  being  made  for  their  support ;  for 
the  only  reference  to  this  was  by  a  resolution  of  the  Supreme 
Executive  Council  of  Pennsylvania,  dated  April  8,  1778,  as 
follows  :  — 

u '  Ordered,  That  the  whole  expenses  of  arresting  and  con 
fining  the  prisoners  sent  to  Virginia,  the  expenses  of  their 
journey,  and  all  other  incidental  charges,  be  paid  by  the  said 
prisoners.' 

"  During  the  stay  of  the  exiles  at  Winchester,  nearly  all  of 
them  suffered  greatly  from  circumstances  unavoidable  in  their 
situation  —  from  anxiety,  separation  from  their  families  left 
unprotected  in  Philadelphia,  then  a  besieged  city,  liable  at  any 
time  to  be  starved  out  or  taken  by  assault ;  while  from  sick 
ness  and  exposure  during  the  winter  season,  in  accommoda 
tions  entirely  unsuitable  for  them,  two  of  their  number  departed 
this  life  in  the  month  of  March,  1778." 

Thus,  Mr.  President,  we  find  that  the  writ  of 
habeas  corpus  was  suspended  by  the  authorities  of 
Pennsylvania,  during  the  Revolution,  in  the  case 
of  persons  who  were  considered  dangerous  and 


OF  ANDREW  JOHNSON.  337 

inimical  to  the  country.  A  writ  was  taken  out 
and  served  upon  the  officers,  and  they  refused  to 
surrender  the  prisoners,  or  even  to  give  them  a 
hearing.  If  the  Senator  from  Kentucky  had  de 
sired  an  extreme  case,  and  wished  to  make  a  dis 
play  of  his  legal  and  historical  information,  it  would 
have  been  very  easy  for  him  to  have  cited  this  case 
—  much  more  aggravated,  much  more  extravagant, 
much  more  striking,  than  the  one  in  regard  to 
which  he  was  speaking.  Let  it  be  remembered, 
also,  that  this  case,  although  it  seems  to  be  an  ex 
travagant  and  striking  one,  occurred  during  the 
war  of  the  Revolution,  under  General  Washington, 
before  we  had  a  President.  We  find  that  at  that 
time  the  writ  of  habeas  corpus  was  suspended,  and 
twenty  individuals  were  denied  even  the  privilege 
of  a  hearing,  because  they  were  considered  inimical 
and  dangerous  to  the  liberties  of  the  country.  In 
the  midst  of  the  Revolution,  when  the  writ  of 
habeas  corpus  was  as  well  understood  as  it  is  now, 
when  they  were  familiar  with  its  operation  in  Great 
Britain,  when  they  knew  and  understood  all  the 
rights  and  privileges  it  granted  to  the  citizen,  we 
find  that  the  Legislature  of  Pennsylvania  passed 
a  law  suspending  the  writ  of  habeas  corpus,  and 
went  back  and  relieved  the  officers  who  refused  to 
obey  the  writs,  and  indemnified  them  from  the 
operation  of  any  wrong  they  might  have  done.  If 
the  Senator  wanted  a  strong  and  striking  case,  one 
that  would  bear  comment,  why  did  he  not  go  back 

29 


338  THE  SPEECHES 

to  this  case,  that  occurred  in  the  Revolution,  during 
the  very  period  referred  to  by  him  ?  But  no  ;  all 
these  cases  seem  to  have  been  forgotten,  and  the 
mind  was  fixed  upon  one  of  recent  occurrence. 
There  is  a  great  similarity  in  them  ;  but  the  one 
to  which  I  have  alluded  is  a  much  stronger  case 
than  that  referred  to  by  the  Senator.  It  was  in 
Philadelphia,  where  Congress  was  sitting ;  it  was 
in  Pennsylvania,  where  these  persons,  who  were 
considered  inimical  to  the  freedom  of  the  country, 
were  found.  Congress  was  appealed  to,  but  Con 
gress  executed  the  order ;  and  the  Legislature  of 
Pennsylvania  afterwards  passed  a  law  indemnifying 
the  persons  who  in  execution  of  the  order  violated 
the  right  to  the  writ  of  habeas  corpus.  What  is 
our  case  now  ?  We  are  not  struggling  for  the 
establishment  of  our  nationality,  but  we  are  now 
struggling  for  the  existence  of  the  Government. 
Suppose  the  writ  of  habeas  corpus  has  been  sus 
pended  :  the  question  arises  whether  it  was  not  a 
justifiable  suspension  at  the  time  ;  and  ought  we 
not  now  to  indorse  what  we  would  ourselves  have 
done  if  we  had  been  here  at  the  time  the  power 
was  exercised  ? 

The  impression  is  sought  to  be  made  on  the  pub 
lic  mind  that  this  is  the  first  and  only  case  where 
the  power  has  been  exercised.  I  have  shown  that 
there  is  one  tenfold  more  striking,  that  occurred 
during  our  struggle  for  independence.  Is  this  the 
first  time  that  persons  in  the  United  States  have 


OF  ANDREW  JOHNSON.  339 

been  placed  under  martial  law?  In  1815,  when  New 
Orleans  was  about  to  be  sacked,  when  a  foreign  foe 
was  upon  the  soil  of  Louisiana,  New  Orleans  was 
put  under  martial  law,  and  Judge  Hall  was  made 
a  prisoner  because  he  attempted  to  interpose.  Is 
there  a  man  here,  or  in  the  country,  who  condemns 
General  Jackson  for  the  exercise  of  the  power  of 
proclaiming  martial  law  in  1815  ?  Could  that  city 
have  been  saved  without  placing  it  under  martial 
law,  and  making  Judge  Hall  submit  to  it  ?  I  know 
that  General  Jackson  submitted  to  be  arrested, 
tried,  and  fined  $1000  ;  but  what  did  Congress  do 
in  that  case  ?  It  did  just  we  are  called  on  to  do  in 
this  case.  By  the  restoration  of  his  fine  —  an  act 
passed  by  an  overwhelming  majority  in  the  two 
houses  of  Congress  —  the  nation  said  "We  approve 
what  you  did."  Suppose,  Mr.  President,  (and  it 
may  have  been  the  case,)  that  the  existence  of  the 
Government  depended  upon  the  protection  and 
successful  defence  of  New  Orleans  ;  and  suppose, 
too,  it  w7as  in  violation  of  the  strict  letter  of  the 
Constitution  for  General  Jackson  to  place  New 
Orleans  under  martial  law,  but  without  placing  it 
under  martial  law  the  Government  would  have  been 
overthrown  :  is  there  any  reasonable,  any  intelli 
gent  man  in  or  out  of  Congress  who  would  not 
indorse  and  approve  the  exercise  of  a  power  which 
was  indispensable  to  the  existence  and  maintenance 
of  the  Government  ?  The  Constitution  was  likely 
to  be  overthrown,  the  law  was  about  to  be  violated, 


340  THE  SPEECHES 

and  the  Government  trampled  under  foot ;  and 
whenever  it  becomes  necessary  to  prevent  this, 
even  by  exercising  a  power  that  comes  in  conflict 
with  the  Constitution  in  time  of  peace,  it  surely 
ought  to  be  exercised.  If  General  Jackson  had 
lost  the  city  of  New  Orleans,  and  the  Government 
had  been  overthrown  through  a  refusal  on  his  part 
to  place  Judge  Hall  and  the  city  of  New  Orleans 
tinder  martial  law,  he  ought  to  have  lost  his  head. 
But  he  acted  as  a  soldier  ;  he  acted  as  a  patriot ; 
he  acted  as  a  statesman,  —  as  one  devoted  to  the 
institutions  and  the  preservation  and  the  existence 
of  his  Government ;  and  the  grateful  homage  of  a 
nation  was  his  reward. 

Then,  sir,  the  power  which  has  been  exercised 
in  this  instance  is  no  new  thing.  In  great  emer 
gencies,  when  the  life  of  a  nation  is  in  peril,  when 
its  very  existence  is  endangered,  to  question  too 
nicely,  to  scan  too  critically,  its  acts  in  the  very 
midst  of  that  crisis,  when  the  Government  is  liable 
to  be  overthrown,  is  to  make  war  upon  it,  and  to 
try  to  paralyze  its  energies.  If  those  who  seem 
to  violate  the  laws  of  the  United  States  in  their 
efforts  to  preserve  the  Government  are  to  be  called 
to  an  account,  wait  until  the  country  passes  out  of 
its  peril ;  wait  until  the  country  is  relieved  from  its 
difficulty ;  wait  until  the  crisis  passes  by,  and  then 
come  forward,  dispassionately,  and  ascertain  to 
what  extent  the  law  has  been  violated,  if  indeed 
it  has  been  violated  at  all. 


OF  ANDREW  JOHNSON.  341 

A  great  ado  has  been  made  in  reference  to  the 
Executive  proclamation  calling  out  the  militia  of 
the  States  to  the  extent  of  seventy-five  thousand 
men.  That  call  was  made  under  the  authority  of 
the  act  of  1795,  and  is  perfectly  in  accordance  with 
the  law.  It  has  been  decided  by  the  Supreme 
Court  of  the  United  States  that  that  act  is  consti 
tutional,  and  that  the  President  alone  is  the  judge 
of  the  question  whether  the  exigency  has  arisen. 
This  decision  was  made  in  the  celebrated  case  of 
Martin  vs.  Mott.  Let  me  read  from  the  opinion 
of  the  court,  delivered  by  Judge  Story  :  — 

''  It  has  not  been  denied  here  that  the  act  of  1795  is  within 
the  constitutional  authority  of  Congress,  or  that  Congress  may 
not  lawfully  provide  for  cases  of  imminent  danger  of  invasion, 
as  well  as  for  cases  where  an  invasion  has  actually  taken  place. 
In  our  opinion,  there  is  no  ground  for  a  doubt  on  this  point, 
even  if  it  had  been  relied  on  ;  for  the  power  to  provide  for 
repelling  invasion  includes  the  power  to  provide  against  the 
attempt  and  danger  of  invasion,  as  the  necessary  and  proper 
means  to  effectuate  the  object  One  of  the  best  means  to 
repel  invasion  is  to  provide  the  requisite  force  for  action  before 
the  invader  himself  has  reached  the  soil. 

"  The  power  thus  confided  by  Congress  to  the  President  is, 
doubtless,  of  a  very  high  and  delicate  nature.  A  free  people 
are  naturally  jealous  of  the  exercise  of  military  power ;  and 
the  power  to  call  the  militia  into  actual  service  is  certainly  felt 
to  be  one  of  no  ordinary  magnitude.  But  it  is  not  a  power 
which  can  be  executed  without  a  correspondent  responsibility. 
It  is,  in  its  terms,  a  limited  power,  confined  to  cases  of  actual 
invasion,  or  of  imminent  danger  of  invasion.  If  it  be  a  limited 
power,  the  question  arises,  by  whom  is  the  exigency  to  be 
judged  cf  and  decided?  Is  the  President  the  sole  and  ex- 
29* 


342  THE  SPEECHES 

elusive  judge  whether  the  exigency  has  arisen,  or  is  it  to  be 
considered  as  an  open  question,  upon  which  every  officer,  to 
whom  the  orders  of  the  President  are  addressed,  may  decide 
for  himself,  and  equally  open  to  be  contested  by  every  militia 
man  who  shall  refuse  to  obey  the  orders  of  the  President '? 
We  are  all  of  opinion  that  the  authority  to  decide  whether  the 
exigency  has  arisen  belongs  exclusively  to  the  President,  and 
that  his  decision  is  conclusive  upon  all  other  persons.  We 
think  that  this  construction  necessarily  results  from  the  nature 
of  the  power  itself  and  from  the  manifest  object  contemplated 
by  the  act  of  Congress.  The  power  itself  is  to  be  exercised 
upon  sudden  emergencies,  upon  great  occasions  of  state,  and 
under  circumstances  which  may  be  vital  to  the  existence  of  the 
Union.  A  prompt  and  unhesitating  obedience  to  orders  is  in 
dispensable  to  the  complete  attainment  of  the  object.  The  ser 
vice  is  a  military  service,  and  the  command  of  a  military  nature  ; 
and  in  such  cases  every  delay  and  every  obstacle  to  an  efficient 
and  immediate  compliance  necessarily  tend  to  jeopard  the  pub 
lic  interests."  —  Martin  vs.  Mott,  12  Wheaton's  Reports,  p.  29. 

We  see,  then,  that  the  power  is  clear  as  to  calling 
out  the  militia  ;  and  we  have  seen  that  we  have 
precedents  for  the  suspension  of  the  writ  of  habeas 
corpus. 

The  next  objection  made  is,  that  the  President 
had  no  power  to  make  additions  to  the  Navy  and 
Army.  I  say  that  in  this  he  is  justified  by  the 
great  law  of  necessity.  At  the  time,  I  believe  it 
was  necessary  to  the  existence  of  the  Government ; 
and  it  being  necessary,  he  had  a  right  to  exercise 
all  those  powers  that,  in  his  judgment,  the  crisis 
demanded  for  the  maintenance  of  the  existence  of 
the  Government  itself.  The  real  question  —  if  you 
condemn  the  President  for  acting  in  the  absence 


OF  ANDREW  JOHNSON.  348 

of  law  —  is,  Do  you  condemn  the  propriety  of  his 
course  ;  do  you  condemn  the  increase  of  the  Army ; 
do  you  condemn  the  increase  of  the  Navy  ?  If 
you  oppose  the  measure  simply  upon  the  ground 
that  the  Executive  called  them  forth  anticipating 
law,  I  ask  what  will  you  do  now  ?  The  question 
presents  itself  at  this  time,  Is  it  not  necessary  to 
increase  the  Army  and  the  Navy  ?  If  you  con 
demn  the  exercise  of  the  power  by  the  Executive 
in  the  absence  of  law,  what  will  you  do  now,  as 
the  law-making  power,  when  it  is  manifest  that  the 
Army  and  Navy  should  be  increased  ?  You  make 
war  upon  the  Executive  for  anticipating  the  action 
of  Congress.  Does  not  the  Government  need  an 
increase  of  the  Army  and  the  Navy  ?  Where  do 
gentlemen  stand  now  ?  Are  they  for  it  ?  Do  they 
sustain  the  Government  ?  Are  they  giving  it  a 
helping  hand  ?  No  ;  they  go  back  and  find  fault 
with  the  exercise  of  a  power  that  they  say  was 
without  law  ;  but  now,  when  they  have  the  power 
to  make  the  law,  and  when  the  necessity  is  appar 
ent,  they  stand  back  and  refuse.  Where  does  that 
place  those  who  take  that  course  ?  It  places  them 
against  the  Government,  and  against  placing  the 
means  in  the  hands  of  the  Government  to  defend 
and  perpetuate  its  existence.  The  object  is  ap 
parent,  Mr.  President.  We  had  enemies  of  the 
Government  here  last  winter ;  in  my  opinion,  we 
have  enemies  of  the  Government  here  now. 
I  said  that  I  agreed  with  the  Senator  from  Ken- 


344  THE  SPEECHES 

tucky  that  there  was  a  design  —  a  deliberate  deter 
mination —  to  change  the  nature  and  character  of  our 
Government.  Yes,  sir,  it  has  been  the  design  for 
a  long  time.  All  the  talk  about  slavery  and  com 
promise  has  been  but  a  pretext.  We  had  a  long 
disquisition,  and  a  very  feeling  one,  from  the  Sen 
ator  from  Kentucky.  He  became  pathetic  on  the 
hopelessness  of  compromises.  Did  not  the  Senator 
from  California1  the  other  day  show  unmistakably 
that  it  was  not  compromises  they  wanted  ?  I  will 
add,  that  compromise  was  the  thing  they  most 
feared ;  and  their  great  effort  was  to  get  out  of 
Congress  before  any  compromise  could  be  made. 
From  the  fi  rst,  their  cry  was  for  peaceable  secession 
and  reconstruction.  They  talked  not  of  compro 
mise  ;  and,  I  repeat,  their  greatest  dread  and  fear 
was,  that  something  would  be  agreed  upon  ;  that 
their  last  and  only  pretext  would  be  swept  from 
under  them,  and  that  they  would  stand  before  the 
country  naked  and  exposed.  The  Senator  from 
California  pointed  out  to  you  a  number  of  these 
men  who  stood  here  and  did  not  vote  for  certain 
propositions  of  compromise,  and  by  their  means 
those  propositions  were  lost. 

"What  was  the  action  before  the  committee  of 
thirteen  ?  Why  did  not  that  committee  agree  ? 
Some  of  the  most  ultra  men  from  the  North  were 
members  of  that  committee,  and  they  proposed  to 
amend  the  Constitution  so  as  to  provide  that  Con- 

1  Mr.  Latham. 


OF  ANDREW  JOHNSON.  345 

gress  in  the  future  never  should  interfere  with  the 
subject  of  slavery.  The  committee  failed  to  agree, 
and  some  of  its  members  at  once  telegraphed  to 
their  States  that  they  must  go  out  of  the  Union  at 
once.  But  after  all  that  transpired  in  the  early 
part  of  the  session,  what  was  done  ?  We  know 
what  the  argument  has  been,  in  times  gone  by, 
again  and  again.  It  has  been  said  that  one  great 
object  of  the  North  was,  first  to  abolish  slavery 
in  the  District  of  Columbia  and  the  slave-trade 
between  the  States,  as  a  kind  of  initiative  measure  ; 
next,  to  exclude  it  from  the  Territories ;  and  when 
the  free  States  constituted  three  fourths  of  all  the 
States,  so  as  to  have  power  to  change  the  Consti 
tution,  they  would  amend  the  Constitution  so  as  to 
give  Congress  power  to  legislate  upon  the  subject 
of  slavery  in  the  States,  and  expel  it  from  the 
States  in  which  it  is  now.  Has  not  that  been  the 
argument  ?  Now,  how  does  the  matter  stand  ? 
At  the  last  session  of  Congress  seven  States  with 
drew  ;  it  may  be  said  that  eight  withdrew  ;  reducing 
the  remaining  slave  States  down  to  one  fourth  of 
the  whole  number  of  States.  The  charge  has  been 
made,  that,  whenever  the  free  States  constituted  a 
majority  in  the  Congress  of  the  United  States  suf 
ficient  to  amend  the  Constitution,  they  would  so 
amend  it  as  to  legislate  upon  the  institution  of 
slavery  within  the  States,  and  that  the  institution 
of  slavery  would  be  overthrown.  This  has  been 
the  argument ;  it  has  been  repeated  again  and  again  t 


346  THE  SPEECHES 

and  hence  the  great  struggle  about  the  Territories. 
The  argument  was,  that  we  must  prevent  the  cre 
ation  of  free  States ;  we  did  not  want  to  be  re 
duced  to  that  point  where,  under  the  sixth  article 
of  the  Constitution,  three  fourths  could  amend 
the  Constitution  so  as  to  exclude  slavery  from  the 
States.  This  has  been  the  great  point ;  this  has 
been  the  rampart  over  which  it  has  been  urged  that 
the  free  States  wanted  to  pass.  Now,  how  does  the 
fact  stand  ?  Let  us  "  render  unto  Cassar  the  things 
that  are  Caesar's."  We.  reached,  at  the  last  session, 
just  the  point  where  we  were  in  the  power  of  the 
free  States,  and  then  what  was  done  ?  Instead  of 
an  amendment  to  the  Constitution  of  the  United 
States  conferring  power  upon  Congress  to  legislate 
upon  the  subject  of  slavery,  what  was  done  ?  This 
joint  resolution  was  passed  by  a  two-thirds  majority 
in  each  House  :  — 

"  Resolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  following  article  be  proposed  to  the  Legislatures  of  the 
several  States,  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three  fourths  of  said 
Legislatures,  shall  be  valid,  to  all  intents  and  purposes,  as 
part  of  the  said  Constitution,  viz : 

"  ART.  13.  No  amendment  shall  be  made  to  the  Constitu 
tion  which  will  authorize  or  give  to  Congress  the  power  to 
abolish  or  interfere,  within  any  State,  with  the  domestic  insti 
tutions  thereof,  including  that  of  persons  held  to  service  or 
labor  by  the  laws  of  said  State." 

Is  not  that  very  conclusive  ?     Here  is  an  amend- 


OF  ANDREW  JOHNSON.  347 

ment  to  the  Constitution  of  the  United  States  to 
make  the  Constitution  unamendable  upon  that  sub 
ject,  as  it  is  upon  some  other  subjects  ;  that  Con 
gress,  in  the  future,  should  have  no  power  to  legis 
late  on  the  subject  of  slavery  within  the  States. 
Talk  about  "  compromise,"  and  about  the  settlement 
of  this  question  ;  how  can  you  settle  it  more  sub 
stantially  ?  How  can  you  get  a  guaranty  that  is 
more  binding  than  such  an  amendment  to  the  Con 
stitution  ?  This  places  the  institution  of  slavery  in 
the  States  entirely  beyond  the  control  of  Congress. 
Why  have  not  the  Legislatures  that  talk  about 
"  reconstruction  "  and  "  compromise  "  and  "guaran 
ties,"  taken  up  this  amendment  to  the  Constitution 
and  adopted  it  ?  Some  States  have  adopted  it. 
How  many  Southern  States  have  done  so  ?  Take 
my  own  State,  for  instance.  Instead  of  accepting 
guaranties  protecting  them  in  all  future  time  against 
the  legislation  of  Congress  on  the  subject  of  slavery, 
they  undertake  to  pass  ordinances  violating  the  Con 
stitution  of  the  country,  and  taking  the  State  out  of 
the  Union  and  into  the  Southern  Confederacy.  It 
is  evident  to  me  from  all  these  things,  that  with 
many  the  talk  about  compromise  and  the  settlement 
of  this  question  is  mere  pretext,  especially  with  those 
who  understand  the  question. 

What  more  was  done  at  the  last  session  of  Con 
gress,  when  the  North  had  the  power?  Let  us  tell 
the  truth.  Three  territorial  bills  were  brought  for 
ward  and  passed.  You  remember  in  1847,  when 


348  THE   SPEECHES 

the  agitation  arose  in  reference  to  the  Wilmot  pro 
viso.  You  remember  in  1850  the  contest  about 
slavery  prohibition  in  the  Territories.  You  remem 
ber  in  1854  the  excitement  in  reference  to  the  Kan 
sas-Nebraska  bill,  and  the  power  conferred  on  the 
Legislature  by  it.  Now  we  have  a  Constitutional 
amendment,  proposed  at  a  time  when  the  Republi 
cans  have  the  power ;  and  at  the  same  time  they 
come  forward  with  three  territorial  bills,  and  in 
neither  of  those  bills  can  be  found  any  prohibition, 
so  far  as  slavery  in  the  Territories  is  concerned. 
Colorado,  Nevada,  and  Dakota  are  organized  with 
out  any  prohibition  of  slavery.  But  what  do  you 
find  in  these  bills  ?  Mark,  Mr.  President,  that  there 
is  no  slavery  prohibition  ;  mark  too,  the  language  of 
the  sixth  section,  conferring  power  upon  the  Terri 
torial  Legislature,  — 

"  SEC.  6.  And  be  it  further  enacted,  That  the  legislative 
power  of  the  Territory  shall  extend  to  all  rightful  subjects 
of  legislation  consistent  with  the  Constitution  of  the  United 
States  and  the  provisions  of  this  act ;  but  no  law  shall  be 
passed  interfering  with  the  primary  disposal  of  the  soil ;  no 
tax  shall  be  imposed  upon  the  property  of  the  United  States  ; 
nor  shall  the  lands  or  other  property  of  non-residents  be  taxed 
higher  than  the  lands  or  other  property  of  residents  ;  nor  shall 
any  law  be  passed  impairing  the  rights  of  private  property  ; 
nor  shall  any  discrimination  be  made  in  taxing  different  kinds 
of  property  ;  but  all  property  subject  to  taxation  shall  be  in 
proportion  to  the  value  of  the  property  taxed." 

Can  there  be  anything  more  clear  and  conclusive  ? 
First,  there  is  no  prohibition  ;  next,  the  Legislature 


OF  ANDREW  JOHNSON.  349 

shall  have  no  power  to  legislate  so  as  to  impair  the 
rights  of  private  property,  and  shall  not  tax  one  de 
scription  of  property  higher  than  another.  Now, 
Mr.  President,  I  ask  any  reasonable,  intelligent  man 
throughout  the  Union,  to  take  the  amendment  to 
the  Constitution,  take  the  three  territorial  bills,  put 
them  all  together,  and  how  much  of  the  slavery  ques 
tion  is  left  ?  Is  there  any  of  it  left  ?  Yet  we  hear 
talk  about  compromise  ;  and  it  is  said  the  Union 
must  be  broken  up  because  you  cannot  get  com 
promise.  Does  not  this  settle  the  whole  question  ? 
I  should  like  to  know  how  much  more  secure  we 
can  be  in  regard  to  this  question  of  slavery  ?  These 
three  territorial  bills  cover  every  square  inch  of  ter 
ritory  we  have  got ;  and  here  is  an  amendment  to 
the  Constitution  embracing  the  whole  question,  so 
far  as  the  States  and  the  public  lands  of  the  United 
States  are  concerned.  I  know  there  are  some  who 
are  sincere  in  this  talk  about  compromise  ;  but  there 
are  others  who  are  merely  making  it  a  pretext, 
who  come  here  claiming  something  in  the  hope  that 
it  will  be  refused,  and  that  then,  upon  that  refusal, 
their  States  may  be  carried  out  of  the  Union. 

I  am  as  much  for  compromise  as  any  one  can  be  ; 
and  there  is  no  one  who  would  desire  more  than 
myself  to  see  peace  and  prosperity  restored  to  the 
land ;  but  when  we  look  at  the  condition  of  the 
country,  we  find  that  rebellion  is  rife,  that  treason 
has  reared  its  head.  A  distinguished  Senator  from 
Georgia  once  said,  "  When  traitors  become  numer- 

30 


350  THE  SPEECHES 

ous  enough,  treason  becomes  respectable."  Traitors 
are  getting  to  be  so  numerous  now  that  I  suppose 
treason  has  almost  got  to  be  respectable ;  but  God 
being  willing,  whether  traitors  be  many  or  few,  as  I 
have  hitherto  waged  war  against  traitors  and  trea 
son,  and  in  behalf  of  the  Government  which  was 
constructed  by  our  fathers,  1  intend  to  continue  it  to 
the  end.  [Applause  in  the  galleries.] 

The  PRESIDENT  pro  tempore.     Order  ! 

Mr.  JOHNSON  continued :  —  Mr.  President,  we 
are  in  the  midst  of  a  civil  war  ;  blood  has  been  shed  ; 
life  has  been  sacrificed.  Who  commenced  it  ?  Of 
that  we  will  speak  hereafter.  I  am  speaking  now 
of  the  talk  about  compromise.  Traitors  and  rebels 
are  standing  with  arms  in  their  hands,  and  it  is  said 
that  we  must  go  forward  and  compromise  with  them. 
They  are  in  the  wrong  ;  they  are  making  war  upon 
the  Government ;  they  are  trying  to  upturn  and  de 
stroy  our  free  institutions.  I  say  to  them  that  the 
compromise  I  have  to  offer  under  the  existing  cir 
cumstances  is,  —  "  Ground  your  arms  ;  obey  the 
laws  ;  acknowledge  the  supremacy  of  the  Consti 
tution  ;  —  when  you  do  that,  I  will  talk  to  you 
about  compromises."  All  the  compromise  that  I 
have  to  make  is  the  compromise  of  the  Constitu 
tion  of  the  United  States.  It  is  one  of  the  best 
compromises  that  can  be  made.  We  lived  under 
it  from  1789  down  to  the  20th  of  December,  1860, 
when  South  Carolina  undertook  to  go  out  of  the 
Union.  We  prospered;  we  advanced  in  wealth, 


OF  ANDREW  JOHNSON.  351 

in  commerce,  in  agriculture,  in  trade,  in  manufac 
tures,  in  all  the  arts  and  sciences,  and  in  religion, 
more  than  any  people  upon  the  face  of  God's  earth 
had  ever  done  before  in  the  same  time.  What  better 
compromise  do  you  want  ?  You  lived  under  it  un 
til  you  got  to  be  a  great  and  prosperous  people.  It 
was  made  by  our  fathers,  and  cemented  by  their 
blood.  When  you  talk  to  me  about  compromise,  I 
hold  up  to  you  the  Constitution  under  which  you 
derived  all  your  greatness,  and  which  was  made  by 
the  fathers  of  your  country.  It  will  protect  you  in 
all  your  rights. 

But  it  is  said  we  had  better  divide  the  country, 
and  make  a  treaty  and  restore  peace.  If,  under 
the  Constitution  which  was  framed  by  Washington 
and  Madison  and  the  patriots  of  the  Revolution, 
we  cannot  live  as  brothers,  as  we  have  in  times  gone 
by,  I  ask,  can  we  live  quietly  under  a  treaty,  sepa 
rated,  as  enemies  ?  Suppose  you  make  a  treaty  of 
peace  and  a  division,  our  geographical  and  physical 
position  will  remain  just  the  same  ;  and  if  the  same 
causes  of  irritation,  if  the  same  causes  of  division 
continue  to  exist,  and  we  cannot  now  live  as  broth 
ers  in  fraternity  under  the  Constitution  made  by 
our  fathers,  and  as  friends  in  the  same  Government, 
how  can  we  live  in  peace  as  aliens  and  enemies  un 
der  a  treaty?  It  cannot  be  done ;  it  is  impracticable. 

But,  Mr.  President,  I  concur  fully  with  the  dis 
tinguished  Senator  from  Kentucky  in  the  dislike 
expressed  by  him  to  a  change  in  the  form  of  our 


352  THE  SPEECHES 

Government.  He  seemed  to  be  apprehensive  of  a 
dictatorship.  He  feared  there  might  be  a  change  in 
the  nature  and  character  of  our  institutions.  I  could, 
if  I  chose,  refer  to  many  proofs  to  establish  the  fact 
that  there  has  been  a  design  to  change  the  nature 
of  our  Government.  I  could  refer  to  Mr.  Rhett ; 
I  could  refer  to  Mr.  Inglis  ;  I  could  refer  to  various 
others  to  prove  this.  The  "  Montgomery  Daily 
Advertiser,"  one  of  the  organs  of  the  so-called 
Southern  Confederacy,  says,  — 

u  Has  it  been  a  precipitate  revolution?  It  has  not.  With 
coolness  and  deliberation  the  subject  has  been  thought  of  for 
forty  years  ;  for  ten  years  it  has  been  the  all-absorbing  theme 
in  political  circles.  From  Maine  to  Mexico  all  the  different 
phases  and  forms  of  the  question  have  been  presented  to  the 
people,  until  nothing  else  was  thought  of,  nothing  else  spoken 
of,  and  nothing  else  taught  in  many  of  the  political  schools." 

This,  in  connection  with  other  things,  shows  that 
this  movement  has  been  long  contemplated,  and  that 
the  idea  has  been  to  separate  from  and  break  up  this 
Government,  to  change  its  nature  and  character  ; 
and  now,  after  they  have  attempted  the  separation, 
if  they  can  succeed,  their  intention  is  to  subjugate 
and  overthrow  and  make  the  other  States  submit  to 
their  form  of  government. 

To  carry  out  the  idea  of  the  Senator  from  Ken 
tucky,  I  want  to  show  that  there  is  conclusive  proof 
of  a  design  to  change  our  Government. 

I  quote  from  the  "  Georgia  Chronicle  "  :  — 

"  Our  own  republican  Government  has  failed  midway  in  its 
trial,  and  with  it  have  nearly  vanished  the  hopes  of  those  phi- 


OF  ANDREW  JOHNSON'.  353 

lanthropists  who,  believing  in  man's  capacity  for  self-govern 
ment,  believed,  therefore,  in  spite  of  so  many  failures,  in  the 
practicability  of  a  republic." 

"  If  this  Government  has  gone  down,"  asks  the 
editor,  "what  shall  be  its  substitute?"  And  he 
answers  by  saving  that,  as  to  the  present  generation, 
"  it  seems  their  only  resort  must  be  to  a  constitu 
tional  monarchy."  Hence  you  see  the  Senator  and 
myself  begin  to  agree  in  the  proposition  that  the 
nature  and  character  of  the  Government  are  to  be 
changed. 

William  Howard  Russell,  the  celebrated  cor 
respondent  of  the  "London  Times,"  spent  some  time 
in  South  Carolina,  and  he  writes :  — 

"  From  all  quarters  have  come  to  my  ears  the  echoes  of  the 
same  voice ;  it  may  be  feigned,  but  there  is  no  discord  in  the 
note,  and  it  sounds  in  wonderful  strength  and  monotony  all 
over  the  country.  Shades  of  George  III.,  of  North,  of  John 
son,  of  all  who  contended  against  the  great  rebellion  which 
tore  these  colonies  from  England,  can  you  hear  the  chorus 
which  rings  through  the  State  of  Marion,  Sumter,  and  Pinck- 
ney,  and  not  clap  your  ghostly  hands  in  triumph  ?  That  voice 
says,  '  If  we  could  only  get  one  of  the  royal  race  of  England 
to  rule  over  us,  we  should  be  content ! '  Let  there  be  no  mis 
conception  on  this  point.  That  sentiment,  varied  in  a  hundred 
ways,  has  been  repeated  to  me  over  and  over  again.  There 
is  a  general  admission  that  the  means  to  such  an  end  are 
wanting,  and  that  the  desire  cannot  be  gratified.  But  the 
admiration  for  monarchical  institutions  on  the  English  model, 
lor  privileged  classes,  and  for  a  landed  aristocracy  and  gentry, 
is  undisguised  and  apparently  genuine.  With  the  pride  of 
having  achieved  their  independence,  is  mingled  in  the  South 
Carolinian's  heart  a  strange  regret  at  the  result  and  conse- 
30* 


354  THE   SPEECHES 

quences,  and  many  are  they  who  '  would  go  back  to-morrow 
if  we  could.'  An  intense  affection  for  the  British  connection, 
a  love  of  British  habits  and  customs,  a  respect  for  British  sen 
timent,  law,  authority,  order,  civilization,  and  literature,  pre 
eminently  distinguish  the  inhabitants  of  this  State,"  &c. 

This  idea  was  not  confined  to  localities.  It  was 
extensively  prevalent,  though  policy  prompted  its 
occasional  repudiation.  At  a  meeting  of  the  people 
of  Bibb  County,  Georgia,  the  proposal  of  a  consti 
tutional  monarchy  for  the  Southern  States,  "  as 
recommended  by  some  of  the  advocates  of  imme 
diate  disunion,"  was  discussed  but  not  concurred 
in."  Here  is  evidence  that  the  public  mind  had 
been  sought  to  be  influenced  in  that  direction ; 
but  the  people  were  not  prepared  for  it.  Mr. 
Toombs,  of  Georgia,  during  the  delivery  of  a 
speech  by  Mr.  A.  H.  Stephens,  before  the  Legis 
lature  of  that  State,  did  not  hesitate  to  express  a 
preference  for  the  form  of  the  British  Government 
over  our  own.1 

Not  long  since  —  some  time  in  the  month  of 
May  —  I  read  in  the  "  Richmond  Whig,"  published 
at  the  place  where  their  government  is  now  oper 
ating,  —  the  centre  from  which  they  are  directing 
their  armies  which  are  making  war  upon  this  Gov 
ernment, —  an  article  in  which  it  is  stated  that, 
rather  than  submit  to  the  Administration  now  in 
power  in  the  city  of  Washington,  they  would  prefer 
passing  under  the  constitutional  reign  of  the  ami- 

1  See  The  Rebellion  Record. 


OF  ANDREW  JOHNSON.  855 

able  Queen  of  Great  Britain.  I  agree,  therefore, 
\vith  the  Senator  from  Kentucky,  that  there  is  a 
desire  to  change  this  Government.  We  see  it 

o 

emanating  from  every  point  in  the  South.  Mr. 
Toombs  was  not  willing  to  wait  for  the  movement 
of  the  people.  Mr.  Stephens,  in  his  speech  to  the 
Legislature  of  Georgia,  preferred  the  calling  of  a 
convention ;  but  Mr.  Toombs  wras  unwilling  to 
wait.  Mr.  Stephens  was  unwilling  to  see  any 
violent  action  in  advance  of  the  action  of  the  peo 
ple  ;  but  Mr.  Toombs  replied,  —  "I  will  not  wait ; 
I  will  take  the  sword  in  my  own  hand,  disregard 
ing  the  will  of  the  people,  even  in  the  shape  of  a 
convention  ;  "  and  history  will  record  that  he  kept 
his  word.  He  and  others  had  become  tired  and 
dissatisfied  with  a  government  of  the  people ;  they 
have  lost  confidence  in  man's  capacity  for  self- 
government  ;  and,  furthermore,  they  would  be  will 
ing  to  form  an  alliance  with  Great  Britain  ;  or,  if 
Great  Britain  were  slow  in  forming  the  alliance, 
with  France  ;  and  they  know  they  can  succeed 
there,  on  account  of  the  hate  and  malignity  which 
exist  between  the  two  nations.  They  would  be 
willing  to  pass  under  the  reign  of  the  amiable  and 
constitutional  Queen  of  Great  Britain  !  .Sir,  I  love 
woman,  and  woman's  reign  in  the  right  place  ;  but 
when  we  talk  about  the  amiable  and  accomplished 
Queen  of  Great  Britain,  I  must  say  that  all  our 
women  are  ladies,  all  are  queens,  all  are  equal  to 
Queen  Victoria,  and  many  of  them  greatly  her 


856  THE  SPEECHES 

superiors.  They  desire  no  such  thing ;  nor  do  we. 
Hence  we  see  whither  this  movement  is  tending. 
It  is  to  a  change  of  government ;  in  that  the  Sen 
ator  and  myself  most  fully  concur. 

The  Senator  from  Kentucky  was  wonderfully 
alarmed  at  the  idea  of  a  "  dictator,"  and  replied 
with  as  much  point  as  possible  to  the  Senator 
from  Oregon,  who  made  the  suggestion.  But,  sir, 
what  do  we  find  in  the  "  Richmond  Examiner," 
published  at  the  seat  of  government  of  the  so- 
called  Confederate  States  ? 

"  In  the  late  debates  of  the  congress  of  this  Confederacy, 
Mr.  Wright  of  Georgia  showed  a  true  appreciation  of  the 
crisis  when  he  advocated  the  grant  of  power  to  the  president 
that  would  enable  him  to  make  immediate  defence  of  Rich 
mond,  and  to  bring  the  whole  force  of  the  Confederacy  to  bear 
on  the  affairs  of  Virginia.  It  is  here  that  the  fate  of  the  Con 
federacy  is  to  be  decided  ;  and  the  time  is  too  short  to  permit 
red  tape  to  interfere  with  public  safety.  No  power  in  exec 
utive  hands  can  be  too  great,  no  discretion  too  absolute,  at 
such  moments  as  these.  We  need  a  dictator.  Let  lawyers 
talk  when  the  world  has  time  to  hear  them.  Now  let  the 
sword  do  its  work.  Usurpations  of  power  by  the  chief,  for 
the  preservation  of  the  people  from  robbers  and  murderers,  will 
be  reckoned  as  genius  and  patriotism  by  all  sensible  men  in 
the  world  now,  and  by  every  historian  that  will  judge  the 
deed  hereafter." 

The  articles  in  their  leading  papers,  the  "  Whig" 
and  the  "  Examiner,"  and  the  speeches  of  their 
leading  men,  all  show  unmistakably  that  their  great 
object  is  to  change  the  character  of  the  Govern 
ment.  Hence  we  come  back  to  the  proposition 


OF   ANDREW  JOHXSOX.  87" 

that  it  is  a  contest  whether  the  people  shall  govern 
or  not.  I  have  here  an  article  that  appeared  in 
the  "  Memphis  Bulletin,"  of  my  own  State,  from 
which  it  appears  that  under  this  reign  of  seces 
sion,  this  reign  of  terror,  that  is  destructive  of  all 
good,  and  the  accomplishment  of  nothing  that  is 
right,  they  have  got  things  beyond  their  control :  — 

"  In  times  like  these  there  must  be  one  ruling  power  to 
•which  all  others  must  yield.  '  In  a  multitude  of  counsellors,' 
saith  the  Book  of  Books,  '  there  is  safety  ; '  but  nowhere  are 
•we  told,  in  history  or  revelation,  that  there  is  aught  of  safety 
in  a  multitude  of  rulers.  Any  'rule  of  action,'  sometimes 
called  the  '  law,'  is  better  than  a  multitude  of  conflicting, 
irreconcilable  statutes.  Any  one  head  is  better  than  forty, 
each  of  which  may  conceive  itself  the  nonpareil,  par  excel 
lence,  supreme  '  caput  *  of  all  civil  and  military  affairs. 

"  Let  Governor  Harris  be  king,  if  need  be,  and  Baugh  a 
despot." 

"  Let  Governor  Harris  be  king,  and  Baugh  a 
despot,"  says  the  «  Bulletin."  Who  is  Baugh  ?  The 
Mayor  of  Memphis.  The  mob  "  reign  of  terror  " 
gotten  up  under  this  doctrine  of  secession  is  so 
great  that  we  find  that  they  are  appealing  to  the 
one-man  power.  They  are  even  willing  to  make 
the  mayor  of  the  city  a  despot,  and  Isham  G. 
Harris,  a  little  petty  Governor  of  Tennessee,  a 
king.  He  is  to  be  made  king  over  the  State  that 
contains  the  bones  of  the  immortal,  the  illustrious 
Jackson.  Isham  G.  Harris  a  king !  Or  Jeff 
Davis  a  dictator,  and  Isham  G.  Harris  one  of  his 
satraps.  He  a  king  over  the  free  and  patriotic 


358  THE  SPEECHES 

people  of  Tennessee  !  Isham  G.  Harris  to  be  my 
king.  Yes,  sir,  my  king !  I  know  the  man.  I 
know  his  elements.  I  know  the  ingredients  that 
constitute  the  compound  called  Isham  G.  Harris. 
King  Harris  to  be  my  master,  and  the  master  of 
the  people  that  I  have  the  proud  and  conscious 
satisfaction  of  representing  on  this  floor !  Mr. 
President,  he  should  not  be  my  slave.  [Applause 
in  the  galleries.] 

The  PRESIDENT  pro  tempore.  Order  !  A  repe 
tition  of  the  offence  will  compel  the  Chair  to  order 
the  galleries  to  be  cleared  forthwith.  The  order 
of  the  Senate  must  and  shall  be  preserved.  No 
demonstrations  of  applause  or  of  disapprobation  will 
be  allowed.  The  Chair  hopes  not  to  be  compelled 
to  resort  to  the  extremity  of  clearing  the  galleries 
of  the  audience. 

Mr.  JOHN sox.  I  was  proceeding  with  this  line 
of  argument  to  show  that  the  Senator  from  Ken 
tucky  and  myself  agree  in  the  general  proposition 
that  there  was  a  fixed  determination  to  change  the 
character  and  nature  of  the  Government ;  and  so 
far  I  think  I  have  succeeded  very  well.  And  now, 
when  we  are  looking  at  the  elements  of  which  this 
Southern  Confederacy  is  composed,  it  may  be  well 
enough  to  examine  the  principles  of  the  elements 
out  of  which  is  to  be  made  a  government  that  they 
prefer  to  this.  We  have  shown,  so  far  as  the 
slavery  question  is  concerned,  that  the  whole  ques 
tion  is  settled ;  and  it  is  shown  to  the  American 


OF  ANDREW  JOHNSON.  359 

people  and  to  the  world  that  the  people  of  the 
Southern  States  have  now  got  no  right  which  they 
said  they  had  lost  before  they  went  out  of  this 
Union ;  but,  on  the  contrary,  many  of  their  rights 
have  been  diminished,  and  oppression  and  tyranny 
have  been  inaugurated  in  their  stead.  Let  me  ask 
you,  sir,  to-day,  and  let  me  ask  the  nation,  what 
right  has  any  State  in  this  so-called  confederacy 
lost  under  the  Constitution  of  the  United  States? 
Let  me  ask  each  individual  citizen  in  the  United 
States,  what  right  has  he  lost  by  the  continuance 
of  this  Government  based  on  the  Constitution  of  the 
United  States  ?  Is  there  a  man  North  or  South, 
East  or  West,  who  can  put  his  finger  on  one  single 
privilege,  or  one  single  right,  of  which  he  has  been 
deprived  by  the  Constitution  or  Union  of  these 
States  ?  Can  he  do  it  ?  Can  he  see  it  ?  Can  he 
feel  it  ?  No,  sir ;  there  is  no  one  right  that  he  has 
lost.  But  how  many  rights  and  privileges,  and 
how  much  protection  have  they  lost  by  going  out 
of  the  Union,  and  violating  the  Constitution  of  the 
United  States! 

Pursuing  this  line  of  argument  in  regard  to  the 
formation  of  their  government,  let  us  take  South 
Carolina,  for  instance,  and  see  what  her  notions 
of  government  are.  She  is  the  leading  spirit,  and 
will  constitute  one  of  the  master  elements  in  the 
formation  of  this  proposed  Confederate  Government. 
Let  us  see  what  are  her  notions  of  government  — 
a  State  that  will  contribute  to  the  formation  of  the 


360  THE   SPEECHES 

government  that  is  to  exist  hereafter.     In  the  con 
stitution  of  South  Carolina  it  is  provided  that  — 

"  No  person  shall  be  eligible  to  a  seat  in  the  House  of 
Representatives,  unless  he  is  a  free  white  man,  of  the  age  of 
twenty -one  years,  and  hath  been  a  citizen  and  resident  of  this 
State  three  years  previous  to  his  election.  If  a  resident  in 
the  election  district,  he  shall  not  be  eligible  to  a  seat  in  the 
House  of  Representatives,  unless  he  be  legally  seized  and 
possessed,  in  his  own  right,  of  a  settled  freehold  estate  of  five 
hundred  acres  of  land  and  ten  negroes." 

This  is  the  notion  that  South  Carolina  has  of 
the  necessary  qualifications  of  a  member  of  the 
lower  branch  of  the  State  Legislature.  Now,  I 
desire  to  ask  the  distinguished  Senator  from  Ken 
tucky  —  who  seems  to  be  so  tenacious  about  com 
promises,  about  rights,  and  about  the  settlement 
of  this  question,  and  who  can  discover  that  the 
Constitution  has  been  violated  so  often  and  so 
flagrantly  by  the  Administration  now  in  power, 
yet  never  can  see  that  it  has  been  violated  any 
where  else  —  if  he  desires  to  seek  under  this  South 
Carolina  government  for  his  lost  rights?  I  do 
not  intend  to  be  personal.  I  wish  he  were  in 
his  seat,  for  he  knows  that  I  have  the  greatest 
kindness  for  him.  I  am  free  to  say,  in  connec 
tion  with  what  I  am  about  to  observe,  that  I  am 
a  little  selfish  in  this ;  because  if  I  lived  in  South 
Carolina,  with  these  disabilities  or  qualifications 
affixed  upon  a  member,  I  would  not  be  eligible 
to  a  seat  in  the  lower  branch  of  the  Legislature. 


OF  ANDREW  JOHXSON.  361 

That  would  be  a  poor  place  for  me  to  go  and  get 
my  rights;  would  it  not?  I  doubt  whether  the 
Senator  from  Kentucky  is  eligible  to-day  to  a  seat 
in  the  lower  branch  of  the  Legislature  of  South 
Carolina.  I  should  not  be,  and  I  believe  I  am  just 
as  good  as  any  who  do  take  seats  there. 

In  looking  further  into  the  constitution  of  South 
Carolina,  in  order  to  ascertain  what  are  her  prin 
ciples  of  government,  what  do  we  find  ?  We  find 
it  provided  that,  in  the  apportionment  of  these 
representatives,  the  whole  number  of  white  in 
habitants  is  to  be  divided  by  sixty-two,  and  every 
sixty-second  part  is  to  have  one  member.  Then 
all  the  taxes  are  to  be  divided  by  sixty-two,  and 
every  sixty-second  part  of  the  taxes  is  to  have  one 
member  also.  Hence  we  see  that  slaves,  consti 
tuting  the  basis  of  property,  would  get  the  largest 
amount  of  representation ;  and  we  see  that  prop 
erty  goes  in  an  equal  representation  to  all  the  num 
bers,  while  those  numbers  constitute  a  part  of  the 
property-holders.  That  is  the  basis  of  their  repre 
sentation. 

Sir,  the  people  whom  I  represent  desire  no  such 
form  of  government.  Notwithstanding  they  have 
been  borne  down  ;  notwithstanding  there  has  been 
an  army  of  fifty-five  thousand  men  created  by  the 
Legislature  ;  notwithstanding  $5,000,000  of  money 
have  been  appropriated  to  be  expended  against  the 
Union ;  and  notwithstanding  the  arms  manufac 
tured  by  the  Government,  and  distributed  among 

31 


362  THE   SPEECHES 

the  Stat3s  for  the  protection  of  the  people,  have 
been  denied  to  them  by  this  little  petty  tyrant  of  a 
king,  and  are  now  turned  upon  the  Government 
for  its  overthrow  and  destruction,  those  people, 
when  left  to  themselves  to  carry  out  their  own 
government  and  the  honest  dictates  of  their  own 
consciences,  will  be  found  to  be  opposed  to  this 
revolution. 

Mr.  President,  while  the  congress  of  the  Confed 
erate  States  was  engaged  in  the  formation  of  their 
constitution,  I  find  a  protest  from  South  Carolina 
against  a  decision  of  that  congress  in  relation  to  the 

C5  O 

slave-trade  published  in  the  "  Charleston  Mercury," 
of  February  13.  It  is  written  by  L.  W.  Spratt  to 
"  Hon.  John  Perkins,  delegate  from  Louisiana."  It 
begins  in  this  way :  — 

"  From  the  abstract  of  the  constitution  for  the  provisional 
government,  published  in  the  papers  this  morning,  it  appears 
that  the  slave-trade,  except  with  the  slave  States  of  North 
America,  shall  be  prohibited.  The  congress,  therefore,  not 
content  with  the  laws  of  the  late  United  States  against  it, 
which,  it  is  to  be  presumed,  were  readopted,  have  unalter 
ably  fixed  the  subject,  by  a  provision  of  the  constitution." 

He  goes  on  and  protests.  We  all  know  that  that 
constitution  is  made  for  the  day,  just  for  the  time 
being,  a  mere  tub  thrown  out  to  the  whale,  to  amuse 
and  entertain  the  public  mind  for  a  time.  We  know 
this  to  be  so.  But  in  making  his  argument,  Mr. 
Spratt,  a  commissioner  who  went  to  Florida,  a 
member  of  the  convention  that  took  the  State  of 


OF  ANDREW  JOHNSON.  363 

South  Carolina  out  of  the  Union,  says,  in  this  pro 
test,  -- 

"  The  South  is  now  in  the  formation  of  a  slave  republic. 
This,  perhaps,  is  not  admitted  generally.  There  are  many 
contented  to  believe  that  the  South,  as  a  geographical  section, 
i<  in  mere  assertion  of  its  independence  ;  that  it  is  instinct 
with  no  especial  truth  —  pregnant  of  no  distinct  social  nature  ; 
that  for  some  unaccountable  reason  the  two  sections  have 
become  opposed  to  each  other  ;  that  for  reasons  equally 
insufficient  there  is  disagreement  between  the  people  that 
direct  them  ;  and  that  from  no  overruling  necessity,  no  im 
possibility  of  coexistence,  but  as  mere  matter  of  policy,  it  has 
been  considered  best  for  the  South  to  strike  out  for  herself, 
and  establish  an  independence  of  her  own.  This,  I  fear, 
is  an  inadequate  conception  of  the  controversy." 

This  indicates  the  whole  scheme. 

"  The  contest  is  not  between  the  North  and  South  as 
geographical  sections,  for  between  such  sections  merely 
there  can  be  no  contest ;  nor  between  the  people  of  the 
North  and  the  people  of  the  South,  for  our  relations  have 
been  pleasant ;  and  on  neutral  grounds  there  is  still  nothing 
to  estrange  us.  We  eat  together,  trade  together,  and  prac 
tise  yet,  in  intercourse,  with  great  respect,  the  courtesies 
of  common  life.  But  the  real  contest  is  between  the  two 
forms  of  society  which  have  become  established,  the  one 
at  the  North,  and  the  other  at  the  South." 

The  protest  continues  :  — 

"  With  that  perfect  economy  of  resources,  that  just  appli 
cation  of  power,  that  concentration  of  forces,  that  security 
of  order  which  results  to  slavery  from  the  permanent  direction 
of  its  best  intelligence,  there  is  no  other  form  of  human  labor 
that  can  stand  against  it,  and  it  will  build  itself  a  home,  and 
erect  for  itself,  at  some  point  within  the  present  limits  of  the 


364  THE  SPEECHES 

Southern  States,  a  structure  of  imperial  power  and  grandeur 
—  a  glorious  confederacy  of  States  that  will  stand  aloft  and 
serene  for  ages  amid  the  anarchy  of  democracies  that  will 

reel  around  it." 

"  But  it  may  be  that  to  this  end  another  revolution  may  be 
necessary.  It  is  to  be  apprehended  that  this  contest  between 
democracy  and  slavery  is  not  yet  over.  It  is  certain  that  both 
forms  of  society  exist  within  the  limits  of  the  Southern  States; 
both  are  distinctly  developed  within  the  limits  of  Virginia ; 
and  there,  whether  we  perceive  the  fact  or  not,  the  war 
already  rages.  In  that  State  there  are  about  five  hundred 
thousand  slaves  to  about  one  million  of  whites  ;  and  as  at 
least  as  many  slaves  as  masters  are  necessary  to  the  consti 
tution  of  slave  society,  about  five  hundred  thousand  of  the 
white  population  are  in  legitimate  relation  to  the  slaves, 
and  the  rest  are  in  excess." 

Hence  we  see  the  propriety  of  Mr.  Mason's  letter, 
in  which  he  declared  that  all  those  who  would  not 
vote  for  secession  must  leave  the  State,  and  thereby 
you  get  clear  of  the  excess  of  white  population  over 
slaves.  They  must  emigrate. 

"  Like  an  excess  of  alkali  or  acid  in  chemical  experiments, 
they  are  unfixed  in  the  social  compound.  Without  legitimate 
connection  with  the  slave,  they  are  in  competition  with  him." 

The  protest  continues  :  — 

"  And  even  in  this  State  [South  Carolina]  the  ultimate 
result  is  not  determined.  The  slave  condition  here  would 
seem  to  be  established.  There  is  here  an  excess  of  one  hun 
dred  and  twenty  thousand  slaves  ;  and  here  is  fairly  exhibited 
the  normal  nature  of  the  institution.  The  officers  of  the 
State  are  slave-owners,  and  the  representatives  of  slave-owners. 
In  their  public  acts  they  exhibit  the  consciousness  of  a  supe- 


OF  ANDREW  JOHNSON.  365 

rior  position.  Without  unusual  individual  ability,  they  exhibit 
the  elevation  of  tone  and  composure  of  public  sentiment 
proper  to  a  master  class.  There  is  no  appeal  to  the  mass, 
for  there  is  no  mass  to  appeal  to ;  there  are  no  demagogues, 
for  there  is  no  populace  to  breed  them  ;  judges  are  not  forced 
upon  the  stump ;  governors  are  not  to  be  dragged  before  the 
people  ;  and  when  there  is  cause  to  act  upon  the  fortunes  of 
our  social  institution,  there  is  perhaps  an  unusual  readiness 
to  meet  it." 

Again :  — 

"  It  is  probable  that  more  abundant  pauper  labor  may  pour 
in,  and  it  is  to  be  feared  that  even  in  this  State,  the  purest  in 
its  slave  condition,  democracy  may  gain  a  foothold,  and  that 
here  also  the  contest  for  existence  may  be  waged  between 
them. 

"  It  thus  appears  that  the  contest  is  not  ended  with  a  dis 
solution  of  the  Union,  and  that  the  agents  of  that  contest  still 
exist  within  the  limits  of  the  Southern  States.  The  causes 
that  have  contributed  to  the  defeat  of  slavery  still  occur ; 
our  slaves  are  still  drawn  off  by  higher  prices  to  the  West. 
There  is  still  foreign  pauper  labor  ready  to  supply  their  place. 
Maryland,  Virginia,  Kentucky,  Missouri,  possibly  Tennessee 
and  North  Carolina,  may  lose  their  slaves,  as  New  York, 
Pennsylvania,  and  New  Jersey  have  done.  In  that  condi 
tion  they  must  recommence  the  contest.  There  is  no  avoiding 
that  necessity.  The  systems  cannot  mix  ;  and  thus  it  is  that 
slavery,  like  the  Thracian  horse  returning  from  the  field  of 
victory,  still  bears  a  master  on  his  back  ;  and,  having  achieved 
one  revolution  to  escape  democracy  at  the  North,  it  must  still 
achieve  another  to  escape  it  at  the  South.  That  it  will  ulti 
mately  triumph  none  can  doubt.  It  will  become  redeemed 
and  vindicated,  and  the  only  question  now  to  be  determined 
is,  shall  there  be  another  revolution  to  that  end  ?  " 

"  If,  in  short,  you  shall  own  slavery  as  the  source  of  your 
31* 


366  THE  SPEECHES 

authority,  and  act  for  it,  and  erect,  as  you  are  commissioned 
to  erect,  not  only  a  Southern,  but  a  slave  republic,  the  work 

will  be  accomplished." 

"  But  if  you  shall  not ;  if  you  shall  commence  by  ignoring 
slavery,  or  shall  be  content  to  edge  it  on  by  indirection  ;  if 
you  shall  exhibit  care  but  for  the  republic,  respect  but  a  de 
mocracy  ;  if  you  shall  stipulate  for  the  toleration  of  slavery, 
as  an  existing  evil,  by  admitting  assumptions  to  its  prejudice, 
and  restrictions  to  its  power  and  progress,  you  reinaugurate 
the  blunder  of  1789;  you  will  combine  States,  whether  true 
or  not,  to  slavery ;  you  will  have  no  tests  of  faith  ;  some  will 
find  it  to  their  interests  to  abandon  it ;  slave  labor  will  be 
fettered ;  hireling  labor  will  be  free  ;  your  confederacy  is 
again  divided  into  antagonistic  societies ;  the  irrepressible 
conflict  is  again  commenced;  and  as  slavery  can  sustain  the 
structure  of  a  stable  government,  and  will  sustain  such  struct 
ure,  and  as  it  will  sustain  no  structure  but  its  own,  another 
revolution  comes ;  but  whether  in  the  order  and  propriety 
of  this,  is  gravely  to  be  doubted." 

In  another  part  of  this  protest  I  find  this  par 
agraph  :  — 

"  If  the  clause  be  carried  into  the  permanent  government, 
our  whole  movement  is  defeated.  It  will  abolitionize  the 
border  slave  States  —  it  will  brand  our  institution.  Slavery 
cannot  share  a  government  with  democracy  —  it  cannot 
bear  a  brand  upon  it;  thence  another  revolution.  It  may 
be  painful,  but  we  must  make  it.  The  constitution  can 
not  be  changed  without.  The  border  States,  discharged  of 
slavery,  will  oppose  it.  They  are  to  be  included  by  the 
concession ;  they  will  be  sufficient  to  defeat  it.  It  is  doubt 
ful  if  another  movement  will  be  as  peaceful."  l 

In  this  connection,  let  me  read  the  following 
paragraph  from  De  Bow's  "  Review  "  :  — 

1  See  The  Rebellion  Record. 


OF  ANDREW   JOHXSOX.  367 

"  AH  government  begins  with  usurpation,  and  is  continued 
by  force.  Nature  puts  the  ruling  elements  uppermost,  and 
the  masses  below  and  subject  to  those  elements.  Less  than, 
this  is  not  government.  The  right  to  govern  resides  in  a 
very  small  minority,  the  duty  to  obey  is  inherent  in  the 
great  mass  of  mankind." 

We  find  by  an  examination  of  all  these  articles, 
that  the  whole  idea  is  to  establish  a  republic  based 
upon  slavery  exclusively,  in  which  the  great  mass 
of  the  people  are  not  to  participate.  We  find  an 
argument  made  here  against  the  admission  of  non- 
slaveholding  States  into  their  Confederacy.  If  they 
refuse  to  admit  a  non-slaveholding  State  into  the 
Confederacy,  for  the  very  same  reason  they  will  ex 
clude  an  individual  who  is  not  a  slaveholder,  in  a 
slaveholding  State,  from  participating  in  the  exercise 
of  the  powers  of  the  Government.  Take  the  whole 
argument  through,  and  that  is  the  plain  meaning  of 
it.  Mr.  Spratt  says,  that  sooner  or  later  it  will  be 
done  ;  and  if  the  present  revolution  will  not  accom 
plish  it,  it  must  be  brought  about  even  if  another 
revolution  has  to  take  place.  We  see,  therefore, 
that  it  is  most  clearly  contemplated  to  change  the 
character  and  nature  of  the  Government  so  far  as 
they  are  concerned.  They  have  lost  confidence  in 
the  integrity,  in  the  capability,  in  the  virtue  and  in 
telligence  of  the  great  mass  of  the  people  to  govern. 
Sir,  in  the  section  of  the  country  where  I  live,  not 
withstanding  we  reside  in  a  slave  State,  we  believe 
that  freemen  are  capable  of  self-government.  We 
care  not  in  what  shape  their  property  exists ;  whether 


368  THE  SPEECHES 

it  is  in  the  shape  of  slaves  or  otherwise.  We  hold 
that  it  is  upon  the  intelligent  free  white  people  of 
the  country  that  all  Governments  should  rest,  and 
by  them  all  Governments  should  be  controlled. 

I  think,  therefore,  sir,  that  the  President  and  the 
Senator  from  Kentucky  have  stated  the  question 
aright.  This  is  a  struggle  between  two  forms  of 
government.  It  is  a  struggle  for  the  existence  of 
the  Government  we  have.  The  issue  is  now  fairly 
made  up.  All  who  favor  free  government  must 
stand  with  the  Constitution,  and  in  favor  of  the 
Union  of  the  States  as  it  is.  That  Union  beino;  once 

O 

restored,  the  Constitution  again  becoming  supreme 
and  paramount,  when  peace,  law,  and  order  shall 
be  restored,  when  the  Government  shall  be  restored 
to  its  pristine  position,  then,  if  necessary,  we  can 
come  forward  under  proper  and  favorable  circum 
stances  to  amend,  change,  alter,  and  modify  the  Con 
stitution,  as  pointed  out  by  the  fifth  article  of  the 
instrument,  and  thereby  perpetuate  the  Govern 
ment.  This  can  be  done,  and  this  should  be  done. 
We  have  heard  a  great  deal  said  in  reference  to 
the  violation  of  the  Constitution.  The  Senator 
from  Kentucky  seems  exceedingly  sensitive  about 
violations  of  the  Constitution.  Sir,  it  seems  to 
me,  admitting  that  his  apprehensions  are  well 
founded,  that  a  violation  of  the  Constitution  for  the 
preservation  of  the  Government,  is  more  tolerable 
than  one  for  its  destruction.  In  all  these  complaints, 
in  all  these  arraignments  of  the  present  Government 


OF  AXDREW  JOHNSON.  369 

for  violation  of  law  and  disregard  of  the  Constitu 
tion,  have  you  heard,  as  was  forcibly  and  eloquently 
said  by  the  Senator  from  Illinois,1  before  me,  one 
word  uttered  against  violations  of  the  Constitution 

O 

and  the  trampling  under  foot  of  law  by  the  States, 
or  the  party,  now  making  war  upon  the  Govern 
ment  of  the  United  States  ?  Not  one  word,  sir. 

The  Senator  enumerates  what  he  calls  violations 
of  the  Constitution,  —  the  suspension  of  the  writ  of 
habeas  corpus,  the  proclaiming  of  martial  law,  the 
increase  of  the  Army  and  Navy,  and  the  existing 
war;  and  then  he  asks,  "Why  all  this?"  The 
answer  must  be  apparent  to  all. 

But  first,  let  me  supply  a  chronological  table  of 
events  on  the  other  side. 

1860.  December  27.     Fort  Moultrie  and  Castle 
Pinckney,  at  Charleston,  seized. 

December  27.  The  revenue  -  cutter  William 
Aiken  surrendered  by  her  commander,  and  taken 
possession  of  by  South  Carolina. 

December  30.  The  United  States  arsenal  at 
Charleston  seized. 

1861.  January  2.  Fort  Macon  and  the  United 
States    arsenal    at    Fayetteville    seized    by    North 
Carolina. 

January  3.  Forts  Pulaski  and  Jackson,  and 
the  United  States  arsenal  at  Savannah,  seized  by 
Georgia  troops. 

January  4.  Fort  Morgan  and  the  United  States 
arsenal  at  Mobile  seized  by  Alabama. 

1  Mr.  Browning. 


370  THE  SPEECHES 

January  8.  Forts  Johnson  and  Caswell,  at  Smith- 
ville,  seized  by  North  Carolina ;  restored  by  order 
of  Governor  Ellis. 

January  9.  The  Star  of  the  West,  bearing  rein 
forcements  for  Major  Anderson,  fired  at  in  Charles 
ton  harbor. 

January  12.  Fort  McRae,  at  Pensacola,  seized  by 
Florida. 

January  10.  The  steamer  Marion  seized  by  South 
Carolina ;  restored  on  the  llth. 

January  11.  The  United  States  arsenal  at  Baton 
Rouge,  and  Forts  Pike,  St.  Philip,  and  Jackson, 
seized  by  Louisiana. 

January  12.  Fort  Barrancas  and  the  navy -yard 
at  Pensacola  seized  by  Florida. 

These  forts  cost  15,947,000,  are  pierced  for  one 
thousand  and  ninety-nine  guns,  and  are  adapted  for 
a  war  garrison  of  five  thousand  four  hundred  and 
thirty  men. 

We  find,  as  was  shown  here  the  other  day,  and  as 
has  been  shown  on  former  occasions,  that  the  State 
of  South  Carolina  seceded,  or  attempted  to  secede 
from  this  Confederacv  of  States  without  cause.  In 
seceding,  her  first  step  was  a  violation  of  the  Con 
stitution.  She  seceded  on  the  20th  of  last  December, 
making  the  first  innovation  and  violation  of  the  law 
and  the  Constitution  of  the  country.  On  the  27th 
day  of  December  what  did  she  do  ?  She  seized  Fort 
Moultrie  and  Castle  Pinckney,  and  caused  your  little 
band  of  sixty  or  seventy  men  under  the  command 


OF  ANDREW  JOHNSON.  371 

of  Major  Anderson  to  retire  to  a  little  pen  in  the 
ocean  —  Fort  Sumter.  She  commenced  erecting 
batteries,  arraying  cannon,  preparing  for  war ;  in 
effect,  proclaiming  herself  at  once  our  enemy.  Seced 
ing  from  the  Union,  taking  Fort  Moultrie  and  Castle 
Pinckney,  driving  your  men  in  fact  into  Fort  Sumter, 
I  say  were  practical  acts  of  war.  You  need  not  talk 
to  me  about  technicalities,  and  the  distinction  that 
you  have  got  no  war  until  Congress  declares  it.  Con 
gress  could  legalize  it,  or  could  make  war,  it  is  true  ; 
but  that  was  practical  war.  Who  began  it  ?  Then, 
sir,  if  South  Carolina  secedes,  withdraws  from  the 
Union,  becomes  our  common  enemy,  is  it  not  the 
duty,  the  constitutional  duty  of  the  Government  and 
of  the  President  of  the  United  States  to  make  war, 
or  to  resist  the  attacks  and  assaults  made  by  an 
enemy  ?  Is  she  not  as  much  our  enemy  as  Great 
Britain  was  in  the  Revolutionary  struggle  ?  Is  she 
not  to-day  as  much  our  enemy  as  Great  Britain  was 
during  the  war  of  1812  ? 

In  this  connection  I  desire  to  read  some  remarks 
made  by  the  Senator  from  Missouri1  in  his  speech 
the  other  day,  in  regard  to  this  general  idea  of  who 
made  the  war.  He  said,  speaking  of  the  war,  — 

"  This  has  all  been  brought  about  since  the  adjournment  of 
the  last  Congress  —  since  the  4th  of  March ;  indeed,  since  the 
15th  of  April.  Congress  has  declared  no  war.  The  Con 
stitution  of  the  United  States  says  'that  Congress  shall  be 
authorized  to  declare  war;'  and  yet,  sir,  though  Congress 

i  Mr.  Polk. 


372  THE  SPEECHES 

has  declared  no  war,  we  are  in  the  midst  of  a  war  monstrous 
in  its  character,  and  hugely  monstrous  in  its  proportions. 
That  war  has  been  brought  on  by  the  President  of  the  United 
States  since  the  4th  of  March,  of  his  own  motion,  and  of  his 
own  wrong ;  and  under  what  circumstances  ?  Before  the 
close  of  the  last  Congress,  as  early  as  the  month  of  January, 
secession  was  an  accomplished  fact.  Before  the  close  of  the 
last  Congress,  as  many  States  had  seceded  from  the  Union, 
or  had  claimed  to  secede,  as  had  on  the  15th  of  April;  and 
yet  the  last  Congress  made  no  declaration  of  war  ;  the  last 
Congress  passed  no  legislation  calculated  to  carry  on  a  war ; 
the  last  Congress  refused  to  pass  bills  having  this  direction, 
or  having  any  purpose  of  coercion.  Now,  sir,  how  has  this 
war  been  brought  on  ?  I  have  said  that,  in  my  judg 
ment,  it  has  been  brought  on  by  the  President  of  the  United 
States ;  and  a  portion  of  the  procedure  which  has  resulted 
in  it  is  named  in  the  preamble  of  this  joint  resolution,  which 
it  is  proposed  that  we  shall  approve  and  legalize." 

The  Senator  from  Kentucky1  spoke  in  similar 
language.  Alluding  to  the  refusal  of  Kentucky  to 
respond  to  the  first  call  of  the  President  for  seventy- 
five  thousand  men,  he  said,  — 

"  She  believed  that  the  calling  forth  of  such  an  immense 
armament  was  for  the  purpose  of  making  a  war  of  subjuga 
tion  on  the  Southern  States,  and  upon  that  ground  she  refused 
to  furnish  the  regiments  called  for.  The  Senator  seems  to  be 
a  little  offended  at  the  neutrality  of  Kentucky.  Sir,  Ken 
tucky  has  assumed  a  position  of  neutrality,  and  I  only  hope 
that  she  may  be  able  to  maintain  it.  She  has  assumed  that 
position  because  there  is  no  impulse  of  her  patriotic  heart 
that  desires  her  to  imbrue  her  hands  in  a  brother's  blood, 
whether  he  be  from  the  North  or  the  South.  Kentucky  looks 
upon  this  war  as  unholy,  unrighteous,  and  unjust.  Kentucky 

i  Mr.  Powell. 


OF  ANDREW  JOHNSON.  373 

believes  that  this  war,  if  carried  out,  can  result  in  nothing 
else  than  a  final  disruption  of  this  Confederacy.  She  hopes, 
she  wishes,  she  prays,  that  this  Union  may  be  maintained. 
She  believes  that  cannot  be  done  by  force  of  arms  ;  that  it 
must  be  done  by  compromise  and  conciliation,  if  it  can  be 
done  at  all;  and  hence,  being  devoted  truly  to  the  Union,  she 
desires  to  stay  this  war,  and  desires  measures  of  peace  to  be 
presented  for  the  adjustment  of  our  difficulties." 

I  desire  in  this  connection  to  place  before  the 
Senate  the  remarks  of  both  the  Senators  from  Ken 
tucky  and  the  Senator  from  Missouri,  and  to  answer 
them  at  the  same  time.  The  Senator  from  Missouri 
says  the  war  was  brought  on  since  the  4th  of  March 
by  the  President  of  the  United  States  of  his  own 
motion.  The  Senator  from  Kentucky  pronounces 
it  an  unjust,  an  unrighteous,  and  an  unholy  war. 
Sir,  I  think  it  is  an  unjust,  an  unrighteous,  and  an 
unholy  war. 

But,  sir,  I  commenced  enumerating  the  facts 
with  the  view  of  showing  who  commenced  the  war. 
How  do  they  stand  ?  I  have  just  stated  that  South 
Carolina  seceded  —  withdrew  from  the  Confeder 
acy;  and  in  the  very  act  of  withdrawing,  she  makes 
practical  war  upon  the  Government,  and  becomes 
its  enemy.  The  Star  of  the  West,  on  the  7th  of 
January,  laden  simply  with  provisions  to  supply 
those  starving  men  in  Fort  Sumter,  attempted  to 
enter  the  harbor,  and  was  fired  upon,  and  had  to 
tack  about,  and  leave  the  men  in  the  forts  to  perish 
or  do  the  best  they  could.  We  also  find,  that  on 
the  llth  of  April  General  Beauregard  had  an  inter- 

32 


374  THE  SPEECHES 

view  with  Major  Anderson,  and  made  a  proposition 
to  him  to  surrender.  Major  Anderson  stated,  in 
substance,  that  he  could  do  no  such  thing ;  that  he 
could  not  strike  the  colors  of  his  country,  and  re 
fused  to  surrender  ;  but  he  said,  at  the  same  time, 
that  by  the  15th  of  the  month  his  provisions  would 
give  out,  and  if  not  reinforced  and  supplied,  star 
vation  must  take  place.  It  seems  that  at  this  time, 
Mr.  Pry  or,  from  Virginia,  was  in  Charleston.  The 
convention  of  Virginia  was  sitting,  and  it  was  im 
portant  that  the  cannon's  roar  should  be  heard  in 
the  land.  Virginia  was  to  be  taken  out  of  the 
Union,  although  a  majority  of  the  delegates  in  the 
convention  were  elected  against  secession,  and  in 
favor  of  the  Union.  We  find  that  after  being  in 
possession  of  the  fact  that  by  the  15th  of  the  month 
the  garrison  would  be  starved  out  and  compelled  to 
surrender,  on  the  morning  of  the  12th  they  com 
menced  the  bombardment,  fired  upon  your  fort  and 
upon  your  men.  They  knew  that  in  three  days 
the  troops  in  Fort  Sumter  would  be  compelled  to 
surrender  ;  but  they  wanted  war.  It  was  indispen 
sable  to  produce  an  excitement  in  order  to  hurry 
Virginia  out  of  the  Union,  and  they  commenced 
the  war.  The  firing  was  kept  up  until  such  time 
as  the  fort  was  involved  in  smoke  and  flames,  and 
Major  Anderson  and  his  men  were  compelled  to 
lie  on  the  floor  with  their  wet  handkerchiefs  to  their 
faces  to  save  them  from  suffocation  and  death. 
Even  in  the  midst  of  all  this,  they  refused  to  cease 


OF  ANDREW  JOHNSON.  375 

their  firing,  but  kept  it  up  until  he  was  compelled 
to  surrender. 

Who  then  commenced  the  war?  Who  struck 
the  first  blow  ?  Who  violated  the  Constitution 
in  the  first  place  ?  Who  trampled  the  law  under 
foot,  and  violated  the  law  morally  and  legally  ? 
Was  it  not  South  Carolina,  in  seceding?  And  yet 
you  talk  about  the  President  having  brought  on 
the  war  by  his  own  motion,  when  these  facts  are 
incontrovertible.  No  one  dare  attempt  to  assail 
them.  But  after  Fort  Sumter  was  attacked  and 
surrendered,  what  do  we  find  stated  in  Montgom 
ery  when  the  news  reached  there  ?  Here  is  the 
telegraphic  announcement  of  the  reception  of  the 
news  there  :  — 

"MONTGOMERY,  Friday,  April  12,  1861. 
"  An  immense  crowd  serenaded  President  Davis  and  Sec 
retary  Walker,  at  the  Exchange  Hotel,  to-night." 

Mr.  Davis  refused  to  address  the  audience,  but 
his  Secretary  of  War  did.  The  Secretary  of  War, 
Mr.  Walker,  said,  — 

"  No  man  could  tell  where  the  war  this  day  commenced 
would  end,  but  he  would  prophesy  that  the  flag  which  now 
flaunts  the  breeze  here  would  float  over  the  dome  of  the  Old 
Capitol  at  Washington,  before  the  1st  of  May.  Let  them  try 
Southern  chivalry  and  test  the  extent  of  Southern  resources, 
and  it  might  float  eventually  over  Faneuil  Hall  itself." 

What  is  the  announcement  ?  We  have  attacked 
Fort  Sumter,  and  it  has  surrendered,  and  no  one 
can  tell  where  this  war  will  end.  By  the  first  of 


376  THE  SPEECHES 

May  our  flag  will  wave  in  triumph  from  the  dome 
of  the  Old  Capitol  at  Washington,  and  ere  long 
perhaps  from  Faneuil  Hall  in  Boston.  Then,  was 
this  war  commenced  by  the  President  on  his  own 
motion  ?  You  say  the  President  of  the  United 
States  did  wrong  in  ordering  out  seventy-five  thou 
sand  men,  and  in  increasing  the  Army  and  Navy 
under  the  exigency.  Do  we  not  know,  in  connec 
tion  with  these  facts,  that  so  soon  as  Fort  Sumter 
surrendered  they  took  up  the  line  of  march  for 
Washington  ?  Do  not  some  of  us  who  were  here 
know  that  we  did  not  even  go  to  bed  very  confi 
dently  and  securely,  for  fear  the  city  would  be  taken 
before  the  rising  sun  ?  Has  it  not  been  published 
in  the  Southern  newspapers  that  Ben  McCulloch 
was  in  readiness,  with  five  thousand  picked  men,  in 
the  State  of  Virginia,  to  make  a  descent  and  at 
tack  the  city,  and  take  it  ? 

What  more  do  we  find  ?  We  find  that  the 
Congress  of  this  same  pseudo-republic,  this  same 
Southern  Confederacy  that  has  sprung  up  in  the 
South,  as  early  as  the  6th  of  March  passed  a  law 
preparing  for  this  invasion  —  preparing  for  this 
war  which  they  commenced.  Here  it  is  :  — 

"  That  in  order  to  provide  speedily  forces  to  repel  invasion, 
maintain  the  rightful  possession  of  the  Confederate  States  of 
America  in  every  portion  of  territory  belonging  to  each  State, 
and  to  secure  the  public  tranquillity  and  independence  against 
threatened  assault,  the  President  be,  and  he  is  hereby,  au 
thorized  to  employ  the  militia,  military,  and  naval  forces  of 


OF  ANDREW  JOHNSON.  377 

the  Confederate  States  of  America,  and  ask  for  and  accept 
the  services  of  any  number  of  volunteers,  not  exceeding  one 
hundred  thousand." 

When  your  forts  were  surrendered,  and  when 
the  President  of  the  so-called  Southern  Confeder 
acy  was  authorized  to  call  out  the  entire  militia, 
naval,  and  military  force,  and  then  to  receive  into 
the  service  of  the  Confederate  States  one  hundred 
thousand  men,  the  President  calls  for  seventy-five 
thousand  men  to  defend  the  capital  and  the  public 
property.  Are  we  for  the  Government,  or  are  we 
against  it  ?  That  is  the  question.  Taking  all  the 
facts  into  consideration,  do  we  not  see  that  an 
invasion  was  intended  ?  It  was  even  announced 
by  Mr.  Iverson  upon  this  floor  that  ere  long  their 
Congress  would  be  sitting  here  and  this  Govern 
ment  would  be  overthrown.  When  the  facts  are 
all  put  together  we  see  the  scheme,  and  it  is  noth 
ing  more  nor  less  than  executing  a  programme 
deliberately  made  out ;  and  yet  Senators  hesitate, 
falter,  and  complain,  and  say  the  President  has 
suspended  the  writ  of  habeas  corpus,  increased  the 
Army  and  Navy,  and  they  ask,  where  was  the  ne 
cessity  for  all  this?  With  your  forts  taken,  your 
men  fired  upon,  your  ships  attacked  at  sea,  and  one 
hundred  thousand  men  called  into  the  field  by  this 
so-called  Southern  Confederacy,  with  the  additional 
authority  to  call  out  the  entire  military  and  naval 
force  of  those  States,  Senators  talk  about  the  enor 
mous  call  of  the  President  for  seventy-five  thousand 

32* 


378  THE  SPEECHES 

men,  and  the  increase  he  has  made  of  the  Army 
and  Navy.  Mr.  President,  it  all  goes  to  show,  in 
my  opinion,  that  the  sympathies  of  Senators  are 
with  the  one  government  and  against  the  other. 
Admitting  that  there  was  a  little  stretch  of  power ; 
admitting  that  the  margin  was  pretty  wide  when 
the  power  was  exercised,  the  query  now  comes, 
when  you  have  got  the  power,  when  you  are  sitting 
here  in  a  legislative  attitude,  are  you  willing  to 
sustain  the  Government  and  give  it  the  means 
to  sustain  itself?  It  is  not  worth  while  to  talk 
about  what  has  been  done  before.  The  question 
on  any  measure  should  be,  is  it  necessary  now  ? 
If  it  is,  it  should  not  be  withheld  from  the  Gov 
ernment. 

Senators  talk  about  violating  the  Constitution 
and  the  laws.  A  great  deal  has  been  said  about 
searches  and  seizures,  and  the  right  of  protection 
of  persons  and  of  papers.  I  reckon  it  is  equally 
as  important  to  protect  a  Government  from  seizure 
as  it  is  an  individual.  I  reckon  the  morality  and 
the  law  of  the  case  would  be  just  as  strong  in 
seizing  upon  that  which  belonged  to  the  Federal 
Government  as  it  would  upon  that  belonging  to  an 
individual.  What  belongs  to  us  in  the  afforegate 

O  cT'O         c? 

is  protected  and  maintained  by  the  same  law,  moral 
and  legal,  as  that  which  applies  to  an  individual. 
These  rebellious  States,  after  commencing  this  war, 
after  violating  the  Constitution,  seized  our  forts, 
r^r  arsenals,  our  dock-yards,  our  custom-houses, 


OF  ANDREW   JOHNS  OX.  379 

our  public  buildings,  our  ships,  and  last,  though 
not  least,  plundered  the  independent  treasury  at 
New  Orleans  of  81,000,000.  And  yet  Senators 
talk  about  violations  of  the  law  and  the  Constitu 
tion.  They  say  the  Constitution  is  disregarded, 
and  the  Government  is  about  to  be  overthrown. 
Does  not  this  talk  about  violations  of  the  Consti 
tution  and  law  come  with  a  beautiful  grace  from 
that  side  of  the  House  ?  I  repeat  again,  sir,  are 
not  violations  of  the  Constitution  necessary  for  its 
protection  and  vindication  more  tolerable,  than 
violations  of  that  sacred  instrument  aimed  at  the 
overthrow  and  destruction  of  the  Government. 
We  have  seen  instances,  and  other  instances  might 
occur,  where  it  might  be  indispensably  necessary 
for  the  Government  to  exercise  a  power  and  to 
assume  a  position  that  was  not  clearly  legal  and 
constitutional,  in  order  to  resist  the  entire  over 
throw  and  upturning  of  the  Government  and  all 
our  institutions. 

But  the  President  issued  his  proclamation.  When 
did  he  issue  it,  and  for  what  ?  He  issued  his  proc 
lamation  calling  out  seventy-five  thousand  men 
after  the  Congress  of  the  so-called  Southern  Con 
federacy  had  passed  a  law  to  call  out  the  entire 
militia,  and  to  receive  into  their  service  one  hundred 
thousand  men.  The  President  issued  his  proclama 
tion  after  they  had  taken  Fort  Moultrie  and  Castle 
Pinckney ;  after  they  had  fired  upon  and  reduced 
Fort  Sumter.  Fort  Sumter  was  taken  on  the  12th, 


880  THE  SPEECHES 

and  on  the  15th  he  issued  his  proclamation.  Taking 
all  these  circumstances  together,  it  showed  that  they 
intended  to  advance,  and  that  their  object  was  to 
extend'their  power,  to  subjugate  the  other  States, 
and  to  overthrow  the  Constitution  and  the  laws 
and  the  Government. 

Senators  talk  about  violations  of  the  Constitution. 
Have  you  heard  any  intimation  of  complaint  from 
those  Senators  about  this  Southern  Confederacy  — 
this  band  of  traitors  to  their  country  and  their 
country's  institutions  ?  I  repeat,  substantially,  the 
language  of  the  Senator  from  Illinois,1  "  Have  you 
heard  any  complaint  or  alarm  about  violations  of 
constitutional  law  on  that  side  ?  Oh,  no  !  But  we 
must  stand  still ;  the  Government  must  not  move 
while  they  are  moving  with  a  hundred  thousand 
men  ;  while  they  have  the  power  to  call  forth  the 
entire  militia  and  the  army  and  the  navy.  While 
they  are  reducing  our  forts,  and  robbing  us  of  our 
property,  we  must  stand  still ;  the  Constitution  and 
the  laws  must  not  be  violated  ;  and  an  arraignment 
is  made  to  weaken  and  paralyze  the  Government  in 
its  greatest  peril  and  trial." 

On  the  15th  of  April  the  proclamation  was  issued 
calling  out  seventy-five  thousand  men,  after  the  Con 
federate  States  had  authorized  one  hundred  thousand 
men  to  be  received  by  their  President,  —  this  man 
Davis,  who  stood  up  here  and  made  a  retiring  speech, 
— a  man  educated  and  nurtured  by  the  Government ; 

1  Mr.  Browning. 


OF  ANDREW  JOHNSON.  381 

who  sucked  its  pap  ;  who  received  all  his  military 
instruction  at  the  hands  of  this  Government ;  a  man 
who  got  all  his  distinction,  civil  and  military,  in  the 
service  of  this  Government,  beneath  the  Stars  and 
Stripes,  and  then,  without  cause, — without  being 
deprived  of  a  single  right  or  privilege,  —  the  sword 
he  unsheathed  in  vindication  of  that  flag  in  a  foreign 
land,  given  to  him  by  the  hand  of  his  cherishing 
mother,  he  stands  this  day  prepared  to  plunge  into 
her  bosom  !  Such  men  as  these  have  their  apologists 
here  in  Congress,  to  excuse  and  extenuate  their  acts, 
either  directly  or  indirectly.  You  never  hear  from 
them  of  law  or  Constitution  being  violated  down 
there.  Oh,  no  ;  that  is  not  mentioned. 

On  the  loth  the  President  issued  his  proclama 
tion  calling  seventy-five  thousand  men  into  the  ser 
vice  of  the  United  States,  and  on  the  17th  this  same 
Jefferson  Davis,  President  of  the  Southern  Con 
federacy,  in  retaliation  for  the  proclamation  issued 
by  the  President  of  the  United  States,  and  in  viola 
tion  of  the  constitution  of  this  pseudo-confederacy, 
issued  his  proclamation  proposing  to  issue  letters  of 
marque  and  reprisal.  In  other  words,  he  proposed 
to  open  an  office  and  say,  we  will  give  out  licenses 
to  rob  the  citizens  of  the  United  States  of  all  their 
property,  wherever  it  can  be  picked  up  upon  the  high 
seas.  This  he  proposed  to  do  not  only  in  violation 
of  the  constitution  of  the  Confederate  States,  but  in 
violation  of  the  law  of  nations;  for  no  people  —  I 
care  not  by  what  name  you  call  it  —  has  a  right  to 


382  THE  SPEECHES 

issue  letters  of  marque  and  reprisal  until  its  inde 
pendence  is  first  acknowledged  as  a  separate  and  dis 
tinct  power.  Has  that  been  done  ?  I  think,  there 
fore,  Senators  can  find  some  little  violation  of  consti 
tution  and  law  down  there  among  themselves.  Sir, 
they  have  violated  the  law  and  the  Constitution 
every  step  they  progressed  in  going  there,  and  now 
they  violate  it  in  trying  to  come  this  way.  There 
was  a  general  license  offered,  a  premium  to  every 
freebooter,  to  every  man  who  wanted  to  plunder  and 
play  the  pirate  on  the  high  seas,  to  come  and  take  a 
commission,  and  plunder  in  the  name  of  the  Southern 
Confederacy ;  to  take,  at  that  time,  the  property  of 
Tennessee  or  the  property  of  Kentucky,  —  your  beef, 
your  pork,  your  flour,  and  every  other  product  mak 
ing  its  way  to  a  foreign  market.  Mr.  Davis  author 
ized  letters  of  marque  and  reprisal  to  pick  them  up 
and  appropriate  them.  After  that,  their  Congress 
saw  that  he  had  gone  ahead  of  their  constitution  and 
the  law  of  nations,  and  they  passed  a  law  modifying 
the  issuance  of  letters  of  marque  and  reprisal,  that 
they  should  prey  upon  the  property  of  the  citizens 
of  the  United  States,  excepting  certain  States,  —  ex 
cepting  Kentucky  and  Tennessee,  —  holding  that 
out  as  a  bait,  as  an  inducement  to  get  them  in. 

I  do  not  think,  therefore,  when  we  approach  the 
subject  fairly  and  squarely,  that  there  was  any  very 
great  wrong  in  the  President  of  the  United  States,  on 
the  19th,  issuing  his  proclamation  blockading  their 
ports,  saying  you  shall  not  have  the  opportunity,  so  far 


OF  ANDREW  JOHNSON.  383 

as  I  can  prevent  it,  of  plundering  and  appropriating 
other  people's  property  on  the  high  seas.  I  think 
he  did  precisely  what  was  right.  He  would  have 
been  derelict  to  his  duty,  and  to  the  high  behest  of 
the  American  people,  if  he  had  sat  here  and  failed 
to  exert  every  power  within  his  reach  and  scope  to 
protect  the  property  of  citizens  of  the  United  States 
on  the  high  seas. 

Senators  seem  to  think  it  is  no  Ariolation  of  the 
Constitution  to  make  war  on  your  Government ; 
and  when  its  enemies  are  stationed  in  si  flit  of  the 

C? 

capital,  there  is  no  alarm,  no  dread,  no  scare,  no 
fright.  Some  of  us  would  not  feel  so  very  comfort 
able  if  they  were  to  get  this  city.  I  believe  there 
are  others  who  would  not  be  very  much  disturbed. 
I  do  not  think  I  could  sleep  right  sound  if  they  were 
in  possession  of  this  city  ;  not  that  I  believe  I  am 
more  timid  than  most  men,  but  I  do  not  believe 
there  would  be  much  quarter  for  me ;  and,  by  way 
of  self-protection,  and  enjoying  what  few  rights  I 
have  remaining,  I  expect  it  would  be  better,  if  they 
were  in  possession  of  this  city,  for  me  to  be  located 
in  some  other  point,  not  too  inconvenient  or  too  re 
mote.  I  believe  there  are  others  who  would  feel 
very  comfortable  here. 

Then,  Mr.  President,  in  tracing  this  subject 
along,  I  cannot  see  what  great  wrong  has  been  com 
mitted  by  the  Government  in  taking  the  course  it 
has  taken.  I  repeat  again,  this  Government  is  now 
passing  through  its  third  ordeal ;  and  the  time  has 


384  THE  SPEECHES 

arrived  when  it  should  put  forth  its  entire  power, 
and  say  to  rebels  and  traitors  wherever  they  are, 
that  the  supremacy  of  the  Constitution,  and  laws 
made  in  pursuance  thereof,  shall  be  sustained  ;  that 
those  citizens  who  have  been  borne  down  and  tyran 
nized  over,  and  who  have  had  laws  of  treason  passed 
against  them  in  their  own  States,  and  who  have  been 
threatened  with  confiscation  of  property,  shall  be  pro 
tected.  I  say  it  is  the  paramount  duty  of  this  Gov 
ernment  to  assert  its  power  and  maintain  its  integ 
rity.  I  say  it  is  the  duty  of  this  Government  to 
protect  those  States,  or  the  loyal  citizens  of  those 
States,  in  the  enjoyment  of  a  republican  form  of  gov 
ernment  ;  for  we  have  seen  one  continued  system  of 
usurpation  carried  on,  from  one  end  of  the  Southern 
States  to  the  other  ;  disregarding  the  popular  will, 
setting  at  defiance  the  judgment  of  the  people,  dis 
regarding  their  rights,  paying  no  attention  to  their 
State  constitutions  in  any  way  whatever.  We  are 
bound,  under  the  Constitution,  to  protect  those 
States  and  their  citizens.  We  are  bound  to  guaran 
tee  to  them  a  republican  form  of  government ;  it  is 
our  duty  to  do  it.  If  we  have  no  Government,  let 
the  delusion  be  dispelled  ;  let  the  dream  pass  away  ; 
and  let  the  people  of  the  United  States,  and  the  na 
tions  of  the  earth,  know  at  once  that  we  have  no 
Government.  If  we  have  a  Government,  based  on 
the  intelligence  and  virtue  of  the  American  people, 
let  that  great  fact  be  now  established,  and  once 
established,  this  Government  will  be  on  a  more 


OF  ANDREW  JOHNSON.  385 

enduring  and  permanent  basis  than  it  ever  was  be 
fore.  I  still  have  confidence  in  the  integrity,  the 
virtue,  the  intelligence,  and  the  patriotism  of  the 
great  mass  of  the  people ;  and  so  believing,  I  in 
tend  to  stand  by  the  Government  of  my  fathers  to 
the  last  extremity. 

In  the  last  presidential  contest  I  am  free  to  say 
that  I  took  some  part.  I  advocated  the  pretensions 
and  claims  of  one  of  the  distinguished  sons  of  Ken 
tucky,  as  a  Democrat.  I  am  a  Democrat  to-day ;  I 
expect  to  die  one.  My  Democracy  rests  upon  the 
great  principle  I  have  stated  ;  and  in  the  support  of 
measures,  I  have  always  tried  to  be  guided  by  a 
conscientious  conviction  of  right;  and  I  have  laid 
down  for  myself  as  a  rule  of  action,  in  all  doubtful 
questions,  to  pursue  principle ;  and  in  the  pursuit  of 
a  great  principle  I  can  never  reach  a  wrong  conclu 
sion.  I  intend,  in  this  case,  to  pursue  principle.  I 
am  a  Democrat,  believing  the  principles  of  this  Gov 
ernment  are  Democratic.  It  is  based  upon  the 
Democratic  theory.  I  believe  Democracy  can  stand, 
notwithstanding  all  the  taunts  and  jeers  that  are 
thrown  at  it  throughout  the  Southern  Confederacy. 
The  principles  which  I  call  Democracy  —  I  care  not 
by  whom  they  are  sustained,  whether  by  Republi 
cans,  by  Whigs,  or  not  —  are  the  great  principles 
that  lie  at  the  foundation  of  this  Government,  and 
they  will  be  maintained.  We  have  seen  that  so  far 
the  experiment  has  succeeded  well ;  and  now  we 
should  make  an  effort,  in  this  last  ordeal  through 

33 


386  THE  SPEECHES 

which  we  are  passing,  to  crush  out  the  fatal  doc 
trine  of  secession  and  those  who  are  upholding  it  in 
the  shape  of  rebels  and  traitors. 

I  advocated  the  professions  of  a  distinguished  son 
of  Kentucky  at  the  late  election,  for  the  reason  that 
I  believed  he  was  a  better  Union  man  than  any 
other  candidate  in  the  field.  Others  advocated  the 
claims  of  Mr.  Bell,  believing  him  to  be  a  bettei 
Union  man  ;  others  those  of  Mr.  Douglas.  In  the? 
South  we  know  that  there  was  no  Republican  ticket. 
I  was  a  Union  man  then  ;  I  was  a  Union  man  in 
1833  ;  I  am  a  Union  man  now.  And  what  has 
transpired  since  the  election  in  November  last  that 
has  produced  sufficient  cause  to  break  up  this  Gov 
ernment?  The  Senator  from  California  enumer 
ated  the  facts  up  to  the  25th  day  of  May,  1860, 
when  there  was  a  vote  taken  in  this  body  declar 
ing  that  further  legislation  was  not  necessary  for 
the  protection  of  slave  property  in  the  Territories. 
Now,  from  the  6th  of  November  up  to  the  20th  of 
December,  tell  me  what  transpired  of  sufficient 
cause  to  break  up  this  Government  ?  Was  there 
any  innovation,  was  there  any  additional  step  taken 
in  reference  to  the  rights  of  the  States  or  the  insti 
tution  of  slavery  ?  If  the  candidate  whose  claims  1 
advocated  had  been  elected  President,  —  I  speak  of 
him  as  a  candidate,  of  course  not  meaning  to  be  per 
sonal,  —  I  do  not  believe  this  Government  would 
have  been  broken  up.  If  Stephen  A.  Douglas  had 
been  elected,  I  do  not  believe  this  Government 


OF  ANDREW  JOHNSON.  387 

would  have  been  broken  up.  Why  ?  Because 
those  who  advocated  the  pretensions  of  Mr.  Lincoln 
would  have  done  as  all  parties  have  done  heretofore: 
they  would  have  yielded  to  the  high  behest  of  the 
American  people. 

Then,  is  the  mere  defeat  of  one  man,  and  the  elec 
tion  of  another,  according  to  the  forms  of  law  and 
the  Constitution,  sufficient  cause  to  break  up  this 
Government  ?  No  ;  it  is  not  sufficient  cause.  Do 
we  not  know,  too,  that  if  all  the  seceding  Senators 
had  stood  here  as  faithful  sentinels,  representing  the 
interests  of  their  States,  they  had  it  in  their  power 
to  check  any  advance  that  might  be  made  by  the 
incoming  Administration  ?  I  showed  these  facts,  and 
enumerated  them  at  the  last  session.  They  were 
shown  here  the  other  day.  On  the  4th  of  March, 
when  President  Lincoln  was  inaugurated,  we  had  a 
majority  of  six  upon  this  floor  in  opposition  to  his 
Administration.  Where,  then,  is  there  even  a  pre 
text  for  breaking  up  the  Government  upon  the  idea 
that  he  would  have  encroached  upon  our  rights  ? 
Does  not  the  nation  know  that  Mr.  Lincoln  could 
not  have  made  his  Cabinet  without  the  consent  of 
the  majority  of  the  Senate  ?  Do  we  not  know  that 
he  could  not  even  have  sent  a  minister  abroad  with 
out  the  majority  of  the  Senate  confirming  the  nomi 
nation?  Do  we  not  know  that  if  any  minister  whom 
he  sent  abroad  should  make  a  treaty  inimical  to  the 
institutions  of  the  South,  that  treaty  could  not  have 
been  ratified  without  a  majority  of  two  thirds  of  the ' 
Senate. 


388  THE  SPEECHES 

With  all  these  facts  staring  them  in  the  face, 
where  is  the  pretence  for  breaking  up  this  Govern 
ment  ?  Is  it  not  clear  that  there  has  been  a  fixed 
purpose,  a  settled  design  to  break  up  the  Govern 
ment,  and  change  the  nature  and  character  and 
whole  genius  of  the  Government  itself?  Does  it 
not  prove  conclusively,  as  there  was  no  cause,  that 
they  simply  selected  it  as  an  occasion  that  was  favor 
able  to  excite  the  prejudices  of  the  South,  and  there 
by  enable  them  to  break  up  this  Government  and 
establish  a  Southern  confederacy  ? 

Then  when  we  get  at  it,  what  is  the  real  cause  ? 
If  Mr.  Breckinridge,  or  Mr.  Davis,  or  some  other 
favorite  of  those  who  are  now  engaged  in  break 
ing  up  the  Government,  had  been  elected  President 
of  the  United  States,  it  would  have  been  a  very 
nice  thing;  they  would  have  respected  the  judgment 
of  the  people,  and  no  doubt  their  confidence  in  the 
capacity  of  the  people  for  self-government  would 
have  been  increased  ;  but  it  so  happened  that  the 
people  thought  proper  to  elect  somebody  else,  ac 
cording  to  law  and  the  Constitution.  Then,  as 
all  parties  had  done  heretofore,  it  was  the  duty  of  the 
whole  people  to  acquiesce ;  if  he  made  a  good  Pres 
ident,  to  sustain  him ;  if  he  became  a  bad  one,  to 
condemn  him  ;  if  he  violated  the  law  and  the  Con 
stitution,  to  impeach  him.  We  had  our  remedy 
under  the  Constitution  and  in  the  Union. 

What  is  the  real  cause  ?  Disappointed  ambition  ; 
an  unhallowed  ambition.  Certain  men  could  not 


OF  ANDREW  JOHNSON.  389 

wait  any  longer,  and  they  seized  this  occasion  to  do 
what  they  had  been  wanting  to  do  for  a  long  time  — 
to  break  up  the  Government.  If  they  could  not  rule 
a  large  country,  they  thought  they  might  rule  a 
small  one.  Hence  one  of  the  prime  movers  in  the 
Senate  ceased  to  be  a  Senator,  and  passed  out  to  be 
President  of  the  Southern  Confederacy.  Another, 
who  was  bold  enough  on  this  floor  to  proclaim  him 
self  a  rebel,  retired  as  a  Senator,  and  became  Sec 
retary  of  State.  All  perfectly  disinterested,  no  am 
bition  about  it !  Another,  Mr.  Benjamin  of  Lou 
isiana,  —  one  who  understands  something  about  the 
idea  of  dividing  garments ;  who  belongs  to  the  tribe 
that  parted  the  garments  of  our  Saviour,  and  upon 
his  vesture  cast  lots,  —  went  out  of  this  body  and 
was  made  Attorney-General,  to  show  his  patriotism 
and  disinterestedness  —  nothing  else  !  Mr.  Slidell, 
disinterested  altogether,  is  to  go  as  minister  to 
France.  I  might  enumerate  many  such  instances. 
This  is  all  patriotism,  pure  disinterestedness !  Do 
we  not  see  where  it  all  begins  ?  In  disappointed, 
impatient,  unhallowed  ambition.  There  has  been 
no  cause  for  breaking  up  this  Government ;  there 
have  been  no  rights  denied,  no  privileges  trampled 
upon  under  the  Constitution  and  Union,  that 
might  not  have  been  remedied  more  effectually  in 
the  Union  than  outside  of  it.  What  rights  are  to 
be  attained  outside  of  the  Union  ?  The  seceders 
have  violated  the  Constitution,  trampled  it  under 
foot ;  and  what  is  their  condition  now  ?  Upon  the 

33* 


390  THE  SPEECHES 

abstract  idea  that  they  had  a  right  to  secede,  they 
have  gone  out ;  and  what  is  the  consequence  ?  Op 
pression,  taxation,  blood,  and  civil  war.  They  have 
gone  out  of  the  Union ;  and,  I  repeat  again,  they 
have  got  taxes,  usurpations,  blood,  and  civil  war. 

I  said  just  now  that  I  had  advocated  the  election 
to  the  Presidency  of  the  distinguished  Senator  from 
Kentucky,  on  the  ground  that  he  was  a  good  Union 
man.  I  wish  we  could  now  hear  his  eloquent  voice 
in  favor  of  the  old  Government  of  our  fathers,  and 
in  vindication  of  the  Stars  and  Stripes,  that  have  been 
borne  in  triumph  everywhere.  I  hold  in  my  hand 
a  document  which  was  our  text-book  in  the  cam 
paign.  It  is  headed  "  Breckinridge  and  Lane  Cam 
paign  ..Document  No.  16.  Who  are  the  disunion- 
ists  ?  Breckinridge  and  Lane  the  true  Union  can 
didates."  It  contains  an  extract  which  I  wrill  read 
from  the  Senator's  address  on  the  removal  of  the 
Senate  from  the  old  to  the  new  Chamber.  I  would 
to  God  he  was  as  good  a  Union  man  to-day  as  I 
think  he  was  then  :  — 

"  Such  is  our  country ;  ay,  and  more  —  far  more  than  my 
mind  could  conceive  or  my  tongue  could  utter.  Is  there  an 
American  who  regrets  the  past  ?  Is  there  one  who  will  deride 
his  country's  laws,  pervert  her  Constitution,  or  alienate  her 
people  ?  If  there  be  such  a  man,  let  his  memory  descend  to 
posterity  laden  with  the  execrations  of  all  mankind."  ..... 
"  Let  us  devoutly  trust  that  another  Senate,  in  another  age, 
shall  bear  to  a  new  and  larger  Chamber  this  Constitution, 
vigorous  and  inviolate,  and  that  the  last  generation  of  pos 
terity  shall  witness  the  deliberations  of  the  Representatives 
of  American  States,  still  united,  prosperous,  and  free." 


OF  ANDREW  JOHNSON.  391 

Now  tliis  was  the  text  —  an  extract  from  a  speech 
of  the  Senator,  after  the  nomination  was  made :  — 

"  When  that  convention  selected  me  as  one  of  its  candi 
dates,  looking  at  my  humble  antecedents  and  the  place  of  my 
habitation,  it  gave  to  the  country,  so  far  as  I  was  concerned, 
a  personal  and  geographical  guaranty  that  its  interest  was  in 
the  Union." 

In  addition  to  that,  in  Tennessee  we  headed  our 
electoral  ticket  as  if  to  give  unmistakable  evidence 
of  our  devotion  to  the  Union,  and  the  reason  why 
we  sustained  him,  "  National  Democratic  Ticket. 
'  Instead  of  dissolving  the  Union,  we  intend  to 
lengthen  it  and  to  strengthen  it.'  —  Brecldnridge" 
Where  are  his  eloquent  tones  now  ?  They  are 
heard  arraigning  the  Administration  for  what  he 
conceives  to  be  premature  action,  in  advance  of  the 
law,  or  a  slight  departure  from  the  Constitution. 
Which  is  the  most  tolerable,  premature  action,  ac 
tion  in  advance  of  law,  a  slight  departure  from  the 
Constitution,  (putting  it  on  his  own  ground,)  or  an 
entire  overthrow  of  the  Government?  Are  there 
no  advances,  are  there  no  inroads,  being  made  to 
day  upon  the  Constitution  and  the  existence  of  the 
Government  itself?  Let  us  look  at  the  question 
plainly  and  fairly.  Here  is  an  invading  army  al 
most  within  cannon-shot  of  the  capital,  headed  by 
Jeff  Davis  and  Beauregard.  Suppose  they  advance 
on  the  city  to-night ;  subjugate  it ;  depose  the  exist 
ing  authorities  ;  expel  the  present  Government  : 
what  kind  of  government  have  you  then  ?  Is  there 


392  THE  SPEECHES 

any  Constitution  in  it  ?  Is  there  any  law  in  it  ? 
The  Senator  can  stand  here  almost  in  sight  of  the 
enemy,  see  the  citadel  of  freedom,  the  Constitution, 
trampled  upon,  and  there  is  no  apprehension  ;  but 
he  can  look  with  an  eagle  eye,  and,  with  an  analytic 
process  almost  unsurpassed,  discriminate  against  and 
attack  those  who  are  trying  to  manage  your  Gov 
ernment  for  its  safety  and  preservation.  He  has  no 
word  of  condemnation  for  the  invading  army  that 
threatens  to  overthrow  the  capital,  that  threatens  to 
trample  the  Constitution  and  the  law  under  foot.  I 
repeat,  suppose  Davis,  at  the  head  of  his  advancing 
columns,  should  depose  your  Government  and  expel 
your  authority :  what  kind  of  government  will  you 
have?  Will  there  be  any  Constitution  left?  How 
eloquent  my  friend  was  upon  constitutions.  He 
told  us  the  Constitution  was  the  measure  of  power, 
and  that  we  should  understand  and  feel  constitu 
tional  restraints ;  and  yet  when  your  Government  is 
perhaps  within  a  few  hours  of  being  overthrown, 
and  the  law  and  Constitution  trampled  under  foot, 
there  are  no  apprehensions  on  his  part;  no  words  of 
rebuke  for  those  who  are  endeavoring  to  accomplish 
such  results. 

The  Old  Dominion  has  got  the  brunt  of  the  war 
upon  her  hands.  I  sympathize  with  her  most  deep 
ly,  and  especially  with  the  loyal  portion  of  her  citi 
zens,  who  have  been  browbeaten  and  domineered 
over.  Now  the  war  is  transferred  to  Virginia,  and 
her  plains  are  made  to  run  with  blood ;  and  when 


OF  ANDREW  JOHNSON.  393 

this  is  secured,  what  do  we  hear  in  the  far  South  ? 
Howell  Cobb,  another  of  these  disinterested  patri 
ots,  said  not  long  since,  in  a  speech  in  Georgia  :  — 

"  The  people  of  the  Gulf  States  need  have  no  apprehen 
sions  ;  they  might  go  on  with  their  planting  and  their  other 
business  as  usual ;  the  war  would  not  come  to  their  section  ; 
its  theatre  would  be  along  the  border  of  the  Ohio  River  and 
in  Virginia." 

Virginia  ought  to  congratulate  herself  upon  that 
position,  for  she  has  got  the  war.  Now  they  want 
to  advance.  Their  plans  and  designs  are  to  get 
across  into  Maryland,  and  carry  on  a  war  of  subju 
gation.  There  is  wonderful  alarm  among  certain 
gentlemen  here  at  the  term  u  subjugate."  They 
are  alarmed  at  the  idea  of  making  citizens  who 
have  violated  the  law  simply  conform  to  it  by  en 
forcing  .their  obedience.  If  a  majority  of  the  citi 
zens  in  a  State  have  violated  the  Constitution,  have 
trampled  it  under  foot,  and  violated  the  law,  is  it 
subjugation  to  assert  the  supremacy  of  the  Constitu 
tion  and  the  law  ?  Is  it  any  more  than  a  simple 
enforcement  of  the  law  ?  It  would  be  one  of  the 
best  subjugations  that  could  take  place  if  some  of 
them  Avere  subjugated,  and  brought  back  to  the 
constitutional  position  that  they  occupied  before. 
I  would  to  God  that  Tennessee  stood  to-day  where 
she  did  three  months  ago. 

Mr.  President,  it  is  provided  in  the  Constitution 
of  the  United  States  that  "  no  State  shall,  with 
out  the  consent  of  Congress,  lay  any  duty  of  ton- 


394  THE   SPEECHES 

nage,  keep  troops  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in  war 
unless  actually  invaded,  or  in  such  imminent  danger 
as  will  not  admit  of  delay."  The  State  authori 
ties  of  Tennessee,  before  her  people  had  even  voted 
upon  an  ordinance  to  separate  her  from  the  Union, 
formed  a  league  by  which  they  transferred  fifty- 
five  thousand  men,  the  whole  army,  over  to  the 
Confederate  States  for  the  purpose  of  prosecuting 
their  war.  Is  it  not  strange  that  such  a  palpable 
violation  of  the  Constitution  should  not  be  referred 
to  and  condemned  by  any  one  ?  Here  is  a  member 
of  the  Union,  without  even  having  the  vote  taken 
upon  an  ordinance  of  separation  or  secession,  form 
ing  a  league,  by  its  commissioners  or  ministers,  and 
handing  over  fifty-five  thousand  men  to  make  war 
upon  the  Government  of  the  United  States,  though 
they  were  themselves  then  within  the  Union.  No 
one  seems  to  find  fault  with  that.  The  fact  is,  that, 
in  the  whole  progress  of  secession,  the  Constitution 
and  the  law  have  been  violated  at  every  step  from 
its  incipiency  to  the  present  point.  How  have  the 
people  of  my  State  been  treated  ?  I  know  that  this 
may  not  interest  the  Senate  to  any  very  great  ex 
tent  ;  but  I  must  briefly  refer  to  it.  The  people  of 
a  portion  of  that  State,  having  devotion  and  attach 
ment  to  the  Constitution  and  the  Government  as 
framed  by  the  sires  of  the  Revolution,  still  adhering 
to  it,  gave  a  majority  of  more  than  twenty  thousand 


OF  ANDREW  JOHNSON.  395 

rotes  in  favor  of  the  Union  at  the  election.  After 
that,  this  portion  of  the  State,  East  Tennessee, 
called  a  convention,  and  the  convention  published 
an  address,  in  which  they  sum  up  some  of  the 
grievances  which  we  have  been  bearing  in  that  por 
tion  of  the  country.  They  say  :  — 

"  The  '  Memphis  Appeal,'  a  prominent  disunion  paper,  pub 
lished  a  false  account  of  our  proceedings,  under  the  head  *  The 
Traitors  in  Council,'  and  styled  us,  who  represented  every 
county  but  two  in  East  Tennessee,  '  the  little  batch  of  dis 
affected  traitors  who  hover  around  the  noxious  atmosphere  of 
Andrew  Johnson's  home.'  Our  meeting  was  telegraphed  to 
the  '  New  Orleans  Delta,'  and  it  was  falsely  said  that  we  had 
passed  a  resolution  recommending  submission  if  seventy  thou 
sand  votes  were  not  east  against  secession.  The  despatch 
added  that  '  the  Southern-Rights  men  are  determined  to  hold 
possession  of  the  State,  though  they  should  be  in  a  minority." 

They  had  fifty-five  thousand  men  and  $5,000,000 
to  sustain  them,  the  State  authorities  with  them, 
and  made  the  declaration  that  they  intended  to 
hold  the  State  though  they  should  be  in  a  minor 
ity.  This  shows  the  advance  of  tyranny  and  usur 
pation.  By  way  of  showing  to  the  Senate  some  of 
the  wrongs  borne  and  submitted  to  by  that  people, 
who  are  loyal  to  the  Government —  who  have  been 
deprived  of  the  arms  furnished  by  the  Govern 
ment  for  their  protection  —  withheld  by  this  little 
man  Harris,  the  Governor  of  the  State,  —  I  will 
read  a  few  paragraphs  from  the  address  :  — 

"  It  has  passed  laws  declaring  it  treason  to  say  or  do  any 
thing  in  favor  of  the  Government  of  the  United  States,  or 


396  THE  SPEECHES 

against  the  Confederate  States ;  and  such  a  law  is  now  before, 
and  we  apprehend  will  soon  be  passed  by,  the  Legislature  of 
Tennessee. 

"  It  has  involved  the  Southern  States  in  a  war  whose  suc 
cess  is  hopeless,  and  which  must  ultimately  lead  to  the  ruin 
of  the  people. 

"  Its  bigoted,  overbearing,  and  intolerant  spirit  has  already 
subjected  the  people  of  East  Tennessee  to  many  petty  griev 
ances  ;  our  people  have  been  insulted ;  our  flags  have  been 
fired  upon  and  torn  down ;  our  houses  have  been  rudely  en 
tered  ;  our  families  subjected  to  insult ;  our  peaceable  meetings 
interrupted ;  our  women  and  children  shot  at  by  a  merciless 
soldiery ;  our  towns  pillaged ;  our  citizens  robbed,  and  some 
of  them  assassinated  and  murdered. 

"  No  effort  has  been  spared  to  deter  the  Union  men  of  East 
Tennessee  from  the  expression  of  their  free  thoughts.  The 
penalties  of  treason  have  been  threatened  against  them,  arid 
murder  and  assassination  have  been  openly  encouraged  by 
leading  secession  journals.  As  secession  has  been  thus  over 
bearing  and  intolerant  while  in  the  minority  in  East  Tennes 
see,  nothing  better  can  be  expected  of  the  pretended  majority 
than  wild,  unconstitutional,  and  oppressive  legislation ;  an 
utter  contempt  and  disregard  of  law  ;  a  determination  to  force 
every  Union  man  in  the  State  to  swear  to  the  support  of  a 
constitution  he  abhors  ;  to  yield  his  money  and  property  to 
aid  a  cause  he  detests ;  and  to  become  the  object  of  scorn 
and  derision,  as  well  as  the  victim  of  intolerable  and  relent 
less  oppression." 

These  are  some  of  the  wrongs  that  we  are  en 
during  in  that  section  of  Tennessee  ;  not  nearly  all 
of  them,  but  a  few  which  I  have  presented  that  the 
country  may  know  what  we  are  submitting  to. 
Since  I  left  my  home,  having  only  one  way  to  leave 
the  State  through  two  or  three  passes  coming  out 


OF  ANDREW  JOHNSON.  397 

through  Cumberland  Gap,  I  have  been  advised  that 
they  had  even  sent  their  armies  to  blockade  these 
passes  in  the  mountains,  as  they  say,  to  prevent 
Johnson  from  returning  with  arms  and  munitions 
to  place  in  the  hands  of  the  people  to  vindicate  their 
rights,  repel  invasion,  and  put  down  domestic  insur 
rection  and  rebellion.  Yes,  sir,  there  they  stand  in 
arms,  environing  a  population  of  three  hundred  and 
twenty-five  thousand  loyal,  brave,  patriotic,  and  un 
subdued  people  ;  but  yet  powerless,  and  not  in  a 
condition  to  vindicate  their  rights.  Hence  I  come 
to  the  Government,  and  I  do  not  ask  it  as  a  sup 
pliant,  but  I  demand  it  as  a  constitutional  right, 
that  you  give  us  protection,  give  us  arms  and  muni 
tions  ;  and  if  they  cannot  be  got  there  in  any  other 
way,  to  take  them  there  with  an  invading  army, 
and  deliver  the  people  from  the  oppression  to  which 
they  are  now  subjected.  We  claim  to  be  the  State. 
The  other  divisions  may  have  seceded  and  gone 
off;  and  if  this  Government  will  stand  by  and  per 
mit  those  portions  of  the  State  to  go  off,  and  not 
enforce  the  laws  and  protect  the  loyal  citizens 
there,  we  cannot  help  it ;  but  we  still  claim  to  be 
the  State,  and  if  two  thirds  have  fallen  off,  or  have 
been  sunk  by  an  earthquake,  it  does  not  change  our 
relation  to  this  Government.  If  the  Government 
will  let  them  go,  and  not  give  us  protection,  the 
fault  is  not  ours ;  but  if  you  will  give  us  protection 
we  intend  to  stand  as  a  State,  as  a  part  of  this  Con 
federacy,  holding  to  the  Stars  and  Stripes,  the  flag 
34 


398  THE  SPEECHES 

of  our  country.  We  demand  it  according  to  law  ; 
we  demand  it  upon  the  guaranties  of  the  Constitu 
tion.  You  are  bound  to  guarantee  to  us  a  repub 
lican  form  of  government,  and  we  ask  it  as  a 
constitutional  right.  We  do  not  ask  you  to  inter 
fere  as  a  party,  as  your  feelings  or  prejudices  may 
be  one  way  or  another  in  reference  to  the  parties 
of  the  country  ;  but  we  ask  you  to  interfere  as  a 
Government,  according  to  the  Constitution.  Of 
course  we  want  your  sympathy,  and  your  regard, 
and  your  respect ;  but  we  ask  your  interference  on 
constitutional  grounds. 

The  amendments  to  the  Constitution  which  con 
stitute  the  Bill  of  Rights  declare  that  "  a  well  regu 
lated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed."  Our  people  are  denied  this 
right,  secured  to  them  in  their  own  constitution  and 
the  Constitution  of  the  United  States ;  yet  we  hear 
no  complaints  here  of  violations  of  the  Constitution 
in  this  respect.  We  ask  the  Government  to  inter 
pose  to  secure  us  this  constitutional  right.  We  want 
the  passes  in  our  mountains  opened,  we  want  deliver 
ance  and  protection  for  a  downtrodden  and  oppressed 
people  who  are  struggling  for  their  independence 
without  arms.  If  we  had  had  ten  thousand  stand  of 
arms  and  ammunition  when  the  contest  commenced, 
we  should  have  asked  no  further  assistance.  We 
have  not  got  them.  We  are  a  rural  people  ;  we 
have  villages  and  small  towns  —  no  large  cities. 


OF  ANDREW  JOHNSON.  399 

Our  population  is  homogenous,  industrious,  frugal, 
brave,  independent ;  but  now  harmless  and  power 
less,  and  oppressed  by  usurpers.  You  may  be  too 
late  in  coming  to  our  relief;  or  you  may  not  come 
at  all,  though  I  do  not  doubt  that  you  will  come  ; 
they  may  trample  us  under  foot ;  they  may  convert 
our  plains  into  graveyards,  and  the  caves  of  our 
mountains  into  sepulchres ;  but  they  will  never  take 
us  out  of  this  Union,  or  make  us  a  land  of  slaves  — 
no,  never  !  We  intend  to  stand  as  firm  as  adamant, 
and  as  unyielding  as  our  own  majestic  mountains 
that  surround  us.  Yes,  we  will  be  as  fixed  and  as 
immovable  as  are  they  upon  their  bases.  We  will 
stand  as  long  as  we  can  ;  and  if  we  are  overpowered, 
and  liberty  shall  be  driven  from  the  land,  we  intend, 
before  she  departs,  to  take  the  flag  of  our  country, 
with  a  stalwart  arm,  a  patriotic  heart,  and  an  honest 
tread,  and  place  it  upon  the  summit  of  the  loftiest 
and  most  majestic  mountain.  We  intend  to  plant  it 
there,  and  leave  it,  to  indicate  to  the  inquirer  who 
may  come  in  after-times,  the  spot  where  the  God 
dess  of  Liberty  lingered  and  wept  for  the  last  time, 
before  she  took  her  flight  from  a  people  once  prosper 
ous,  free,  and  happy. 

We  ask  the  Government  to  come  to  our  aid.  We 
love  the  Constitution  as  made  by  our  fathers.  We 
have  confidence  in  the  integrity  and  capacity  of  the 
people  to  govern  themselves.  We  have  lived  enter 
taining  these  opinions  :  we  intend  to  die  entertaining 
them.  The  battle  has  commenced.  The  President 


400  THE  SPEECHES 

has  placed  it  upon  the  true  ground.  It  is  an  issue 
on  the  one  hand  for  the  people's  Government,  and 
its  overthrow  on  the  other.  We  have  commenced 
the  battle  of  Freedom.  It  is  Freedom's  cause.  We 
are  resisting  usurpation  and  oppression.  We  will 
triumph  ;  we  must  triumph.  Right  is  with  us.  A 
great  and  fundamental  principle  of  right,  that  lies 
at  the  foundation  of  all  things,  is  with  us.  We  may 
meet  with  impediments,  and  may  meet  with  disas 
ters,  and  here  and  there  a  defeat ;  but  ultimately 
Freedom's  cause  must  triumph,  for  — 

"  Freedom's  battle  once  begun, 
Bequeathed  from  bleeding  sire  to  son, 
Though  baffled  oft,  is  ever  won." 

Yes,  we  must  triumph.  Though  sometimes  1 
cannot  see  my  way  clear,  in  matters  of  this  kind  as 
in  matters  of  religion,  when  my  facts  give  out,  when 
my  reason  fails  me,  I  draw  largely  upon  my  faith. 
My  faith  is  strong,  based  on  the  eternal  principles 
of  right,  that  a  thing  so  monstrously  wrong;  as  is  this 

O  <^  i/  & 

rebellion,  cannot  triumph.  Can  we  submit  to  it  ? 
Can  bleeding  Justice  submit  to  it  ?  Is  the  Senate, 
are  the  American  people,  prepared  to  give  up  the 
graves  of  Washington  and  Jackson,  to  be  encircled 
and  governed  and  controlled  by  a  combination  of 
traitors  and  rebels  ?  I  say  let  the  battle  go  on  —  it  is 
Freedom's  cause  —  until  the  Stars  and  Stripes  (God 
bless  them  !)  shall  again  be  unfurled  upon  every 
cross-road,  and  from  every  house-top,  throughout  the 
Confederacy,  North  and  South.  Let  the  Union  be 


OF  ANDREW  JOHNSON.  401 

reinstated  ;  let  the  law  be  enforced ;  let  the  Con 
stitution  be  supreme. 

If  the  Congress  of  the  United  States  were  to  give 
up  the  tombs  of  Washington  and  Jackson,  we  should 
have  rising  up  in  our  midst  another  Peter  the 
Hermit,  in  a  much  more  righteous  cause,  —  for  ours 
is  true,  while  his  was  a  delusion,  —  who  would 
appeal  to  the  American  people  and  point  to  the 
tombs  of  Washington  and  Jackson,  in  the  possession 
of  those  who  are  worse  than  the  infidel  and  the 
Turk  who  held  the  Holy  Sepulchre.  I  believe  the 
American  people  would  start  of  their  own  accord, 
when  appealed  to,  to  redeem  the  graves  of  Wash 
ington  and  Jackson  and  Jefferson,  and  all  the  other 
patriots  who  are  lying  within  the  limits  of  the 
Southern  Confederacy.  I  do  not  believe  they  would 
stop  the  march,  until  again  the  flag  of  this  Union 
would  be  placed  over  the  graves  of  those  distin 
guished  men.  There  will  be  an  uprising.  Do  not 
talk  abont  Republicans  now ;  do  not  talk  about 
Democrats  now  ;  do  not  talk  about  Whigs  or  Ameri 
cans  now  ;  talk  about  your  country  and  the  Con 
stitution  and  the  Union.  Save  that ;  preserve  the 
integrity  of  the  Government ;  once  more  place  it 
erect  among  the  nations  of  the  earth  ;  and  then  if 
we  want  to  divide  about  questions  that  may  arise  in 
our  midst,  we  have  a  Government  to  divide  in. 

I  know  it  has  been  said  that  the  object  of  this  war 
is  to  make  war  on  Southern  institutions.  I  have 
been  in  free  States  and  I  have  been  in  slave  States, 
34* 


402  THE  SPEECHES 

and  I  thank  God  that,  so  far  as  I  have  been,  there 
has  been  one  universal  disclaimer  of  any  such  pur 
pose.  It  is  a  war  upon  no  section  ;  it  is  a  war  upon 
no  peculiar  institution  ;  but  it  is  a  war  for  the  in 
tegrity  of  the  Government,  for  the  Constitution,  and 
the  supremacy  of  the  laws.  That  is  what  the  nation 
understands  by  it. 

The  people  whom  I  represent  appeal  to  the  Gov 
ernment  and  to  the  nation  to  give  us  the  constitu 
tional  protection  that  we  need.  I  am  proud  to  say 
that  I  have  met  with  every  manifestation  of  that 
kind  in  the  Senate,  with  only  a  few  dissenting  voices. 
I  am  proud  to  say,  too,  that  I  believe  old  Kentucky 
(God  bless  her !)  will  ultimately  rise  and  shake  off 
the  stupor  which  has  been  resting  upon  her ;  and  in 
stead  of  denying  us  the  privilege  of  passing  through 
her  borders,  and  taking  arms  and  munitions  of  war 
to  enable  a  downtrodden  people  to  defend  themselves, 
will  not  only  give  us  that  privilege,  but  will  join  us 
and  help  us  in  the  work.  The  people  of  Kentucky 
love  the  Union  ;  they  love  the  Constitution  :  they 
have  no  fault  to  find  with  it ;  but  in  that  State  they 
have  a  duplicate  to  the  Governor  of  ours.  When 
we  look  all  round,  we  see  how  the  Governors  of  the 
different  States  have  been  involved  in  this  con 
spiracy,  —  the  most  stupendous  and  gigantic  con 
spiracy  that  was  ever  formed,  and  as  corrupt  and  as 
foul  as  that  attempted  by  Catiline  in  the  days  of 
Rome.  We  know  it  to  be  so.  Have  we  not  knowrn 
men  to  sit  at  their  desks  in  this  Chamber,  using  the 


OF  ANDREW  JOHNSON.  403 

Government's  stationery  to  write  treasonable  letters  ; 
and  while  receiving  their  pay,  sworn  to  support  the 
Constitution  and  sustain  the  law,  engaging  in  mid 
night  conclaves  to  devise  ways  and  means  by  which 
the  Government  and  the  Constitution  should  be 
overthrown  ?  The  charge  was  made  and  published 
in  the  papers.  Many  things  we  know  that  we 
cannot  fully  prove  ;  but  we  know  from  the  regular 
steps  that  were  taken  in  this  work  of  breaking  up 
the  Government,  or  trying  to  break  it  up,  that  there 
was  system,  concert  of  action.  It  is  a  scheme  more 
corrupt  than  the  assassination  planned  and  conducted 
by  Catiline  in  reference  to  the  Roman  Senate. 
The  time  has  arrived  when  we  should  show  to  the 
nations  of  the  earth  that  we  are  a  nation  capable  of 
preserving  our  existence,  and  give  them  evidence 
that  we  will  do  it. 

I  have  already  detained  the  Senate  much  longer 
than  I  intended  when  I  rose,  and  I  shall  conclude 
in  a  few  words  more.  Although  the  Government 
has  met  with  a  little  reverse  within  a  short  distance 
of  this  city,  no  one  should  be  discouraged  and  no 
heart  should  be  dismayed.  It  ought  only  to  prove 
the  necessity  of  bringing  forth  and  exerting  still 
more  vigorously  the  power  of  the  Government  in 
maintenance  of  the  Constitution  and  the  laws.  Let 
the  energies  of  the  Government  be  redoubled,  and 
let  it  go  on  with  this  war,  —  not  a  war  upon  sections, 
not  a  war  upon  peculiar  institutions  anywhere ;  but 
let  tha  Constitution  and  the  Union  be  inscribed  on 


404  THE  SPEECHES 

its  banners,  and  the  supremacy  and  enforcement  of 
the  laws  be  its  watchword.  Then  it  can,  it  will,  go 
on  triumphantly.  We  must  succeed.  This  Gov 
ernment  must  not,  cannot  fail.  Though  your  flag 
may  have  trailed  in  the  dust ;  though  a  retrogade 
movement  may  have  been  made ;  though  the  banner 
of  our  country  may  have  been  sullied,  let  it  still  be 
borne  onward  ;  and  if,  for  the  prosecution  of  this 
war  in  behalf  of  the  Government  and  the  Constitu 
tion,  it  is  necessary  to  cleanse  and  purify  that  banner, 
I  say  let  it  be  baptized  in  fire  from  the  sun  and 
bathed  in  a  nation's  blood !  The  nation  must  be 
redeemed  ;  it  must  be  triumphant.  The  Constitu 
tion  —  which  is  based  upon  principles  immutable, 
and  upon  which  rests  the  rights  of  man  and  the  hopes 
and  expectations  of  those  who  love  freedom  through 
out  the  civilized  world  —  must  be  maintained. 


OF  ANDREW  JOHNSON.  405 


SPEECH  ON  THE  PROPOSED  EXPULSION 
OF  MR.  BRIGHT. 

DELIVERED   IN   THE   SENATE   OF    THE   UNITED   STATES,    JAN.  31,  1862. 

THE  Senate  having  under  consideration  the  following  reso 
lution,  submitted  by  MR.  WILKINSON  on  the  16th  of  Decem 
ber,  1861,  and  which  had  been  reported  upon  adversely  by  the 
Committee  on  the  Judiciary  :  — 

Whereas,  J3on.  JESSE  D.  BRIGHT  heretofore,  on  the  1st 
day  of  March,  1861,  wrote  a  letter,  of  which  the  following  is 
a  copy,  — 

MY  DEAR  SIR  :  Allow  me  to  introduce  to  your  acquaint 
ance  my  friend  Thomas  B.  Lincoln,  of  Texas.  He  visits  your 
capital  mainly  to  dispose  of  what  he  regards  a  great  improve 
ment  in  fire-arms.  I  recommend  him  to  your  favorable  con 
sideration  as  a  gentleman  of  the  first  respectability,  and 
reliable  in  every  respect. 

Very  truly  yours,  JESSE  D.  BRIGHT. 

To  His  Excellency  JEFFERSON  DAVIS, 

President  of  the  Confederation  of  States. 

And  whereas  we  believe  the  said  letter  is  evidence  of  dis 
loyalty  to  the  United  States,  and  is  calculated  to  give  aid  and 
comfort  to  the  public  enemies :  Therefore, 

Be  it  resolved,  That  the  said  JESSE  D.  BRIGHT  is  expelled 
from  his  seat  in  the  Senate  of  the  United  States. 

Mr.  JOHNSON  said  :  —  Mr.  President,  when  this 
resolution  for  the  expulsion  of  the  Senator  from 
Indiana  was  first  presented  to  the  consideration  of 


406  THE  SPEECHES 

the  Senate,  it  was  not  my  intention  to  say  a  single 
word  upon  it.  Presuming  that  action  would  be 
had  upon  it  at  a  very  early  day,  I  intended  to 
content  myself  with  casting  a  silent  vote.  But  the 
question  has  assumed  such  a  shape  that,  occupying 
the  position  I  do,  I  cannot  consent  to  record  my 
vote  without  giving  some  of  the  reasons  that  in 
fluence  my  action. 

I  am  no  enemy  of  the  Senator  from  Indiana.  I 
have  no  personally  unkind  feelings  towards  him. 
I  never  had  any,  and  have  none  now.  So  far  as 
my  action  on  this  case  is  concerned,  it  will  be  con 
trolled  absolutely  and  exclusively  by  public  con 
siderations,  and  with  no  reference  to  partisan  or 
personal  feeling.  I  know  that  since  the  discussion 
commenced,  an  intimation  has  been  thrown  out, 
which  I  was  pained  to  hear,  that  there  was  a  dis 
position  on  the  part  of  some  to  hound  down  the 
Senator  from  Indiana.  Sir,  I  know  that  I  have  no 
disposition  to  "  hound "  any  man.  I  would  to 
God  that  I  could  think  it  otherwise  than  necessary 
for  me  to  say  a  single  word  upon  this  question,  or 
even  to  cast  a  vote  upon  it.  So  far  as  I  know, 
there  has  never  been  any  unkind  feeling  between 
the  Senator  and  myself  from  the  time  we  made  our 
advent  into  public  life  down  to  this  moment.  Al 
though  party  and  party  associations  and  party  con 
siderations  influence  all  of  us  more  or  less,  —  and 
I  do  not  pretend  to  be  free  from  the  influence  of 
party  more  than  others,  —  I  know,  if  I  know  myself, 


OF  ANDREW  JOHNSOX.  407 

that  no  such  considerations  influence  me  now.  Not 
many  years  ago  there  was  a  contest  before  the 
Senate  as  to  his  admission  as  a  Senator  from  the 
State  of  Indiana  ;  we  all  remember  the  struggle 
that  took  place.  I  will  not  say  that  the  other  side 
of  the  House  were  influenced  by  party  consider 
ations  when  the  vote  upon  that  question  of  admis 
sion  took  place  ;  but  if  my  memory  serves  me  cor 
rectly,  there  was  upon  one  side  of  the  Chamber 
a  nearly  strict  party  vote  that  he  was  not  entitled 
to  his  seat,  while  on  the  other  side  his  right  was 
sustained  entirely  by  a  party  vote.  I  was  one  of 
those  who  voted  for  the  Senator's  admission  to  a 
seat  upon  this  floor  under  the  circumstances.  I 
voted  to  let  him  into  the  Senate,  and  I  am  con 
strained  to  say  that,  before  his  term  has  expired, 
I  am  compelled  to  vote  to  expel  him  from  it.  In 
saying  this,  I  repeat  that  if  I  know  myself,  and  I 
think  I  do  as  well  as  ordinary  men  know  them 
selves,  I  cast  this  vote  upon  public  considerations 
entirely,  and  not  from  party  or  personal  feeling. 

Mr.  President,  I  hold  that  under  the  Constitution 
of  the  United  States  we  clearly  have  the  power 
to  expel  a  member,  and  that,  too,  without  our  as 
suming  the  character  of  a  judicial  body.  It  is  not 
necessary  to  have  articles  of  impeachment  pre 
ferred  by  the  other  House ;  it  is  not  necessary  to 
organize  ourselves  into  a  court  for  the  purpose  of 
trial  ;  but  the  principle  is  broad  and  clear,  inherent 
in  the  very  organization  of  the  body  itself,  that  we 


408  THE  SPEECHES 

have  the  power  and  the  right  to  expel  any  member 
from  the  Senate  whenever  we  deem  that  the  public 
interests  are  unsafe  in  his  hands,  and  that  he  is  unfit 
to  be  a  member  of  the  body.  We  all  know,  and 
the  country  understands,  that  provision  of  the  Con 
stitution  which  confers  this  power  upon  the  Senate. 
Judge  Story,  in  commenting  upon  the  case  of  John 
Smith,  in  connection  with  the  provision  of  the  Con 
stitution  to  which  I  have  referred,  used  the  follow 
ing  language : — 

"  The  precise  ground  of  the  failure  of  the  motion  does  not 
appear;  but  it  may  be  gathered,  from  the  arguments  of  his 
counsel,  that  it  did  not  turn  upon  any  doubt  that  the  power 
of  the  Senate  extended  to  cases  of  misdemeanor  not  done  in 
the  presence  or  view  of  the  body  ;  but  most  probably  it  was 
decided  upon  some  doubt  as  to  the  facts.  It  may  be  thought 
difficult  to  draw  a  clear  line  of  distinction  between  the  right  to 
inflict  the  punishment  of  expulsion  and  any  other  punishment 
upon  a  member,  founded  on  the  time,  place,  or  nature  of  the 
offence.  The  power  to  expel  a  member  is  not  in  the  British 
House  of  Commons  confined  to  offences  committed  by  the 
party  as  a  member,  or  during  the  session  of  Parliament :  but 
it  extends  to  all  cases  where  the  offence  is  such  as,  in  the 
judgment  of  the  House,  unfits  him  for  parliamentary  duties.1 

The  rule  in  the  House  of  Commons  was  un 
doubtedly  in  the  view  of  the  framers  of  our  Con 
stitution  ;  and  the  question  is,  has  the  member  un 
fitted  himself,  has  he  disqualified  himself,  in  view 
of  the  extraordinary  condition  of  the  country,  from 
discharging  the  duties  of  a  Senator  ?  Looking  at 

1  Story's  Commentaries  on  the  Constitution. 


OF  ANDREW  JOHNSON.  409 

his  connection  with  the  Executive  ;  looking  at  the 
condition,  and,  probably,  the  destinies  of  the  coun- 
tiy,  we  are  to  decide  —  without  prejudice,  without 
passion,  without  excitement  —  can  the  nation  and 
does  the  nation  have  confidence  in  committing  its 

O 

destinies  to  the  Senator  from  Indiana,  and  others 
who  are  situated  like  him  ? 

If  we  were  disposed  to  bring  to  our  aid,  and  were 
willing  to  rely  upon,  the  public  judgment,  what 
should  we  find  ?  When  you  pass  through  the 
country,  the  common  inquiry  is,  "  Why  has  not 
Senator  Bright,  and  why  have  not  others  like  him, 
been  expelled  from  the  Senate?"  I  have  had  the 
question  asked  me  again  and  again.  I  do  not  in 
tend,  though,  to  predicate  my  action  as  a  Senator 
upon  what  may  be  simply  rumor  and  popular 
clamor  or  popular  indignation  ;  but  still  it  is  not 
often  the  case  that,  when  there  is  a  public  judg 
ment  formed  in  reference  to  any  great  question  be 
fore  the  country,  that  public  judgment  is  not  well 
founded,  though  it  is  true  there  are  sometimes  ex 
ceptions. 

Having  shown  our  power  in  the  premises  to  be 
clear,  according  to  the  general  authority  granted 
by  the  Constitution  and  the  broad  principle  stated 
by  Judge  Story  in  its  elucidation,  I  next  turn  my 
attention  to  the  case  itself.  The  Senator  from  In 
diana  is  charged  with  having  written  a  letter  on 
the  first  of  March  last  to  the  chief  of  the  rebellion, 
and  this  is  the  basis  of  this  proceeding  against  him. 

35 


410  THE  SPEECHES 

What  was  the  condition  of  the  country  at  the  time 
that  letter  was  written  ?  Did  war  then  exist  or 
not  ?  for  really  that  is  the  great  point  in  the  case. 
On  that  point,  allow  me  to  read  an  extract  from 
the  charge  of  Judge  David  A.  Smalley  to  the 
grand  jury  of  the  United  States  District  Court  for 
the  Southern  District  of  New  York,  published  in  the 
"  National  Intelligencer  "  of  January  21,  1861 :  - 

"  It  is  well  known  that  war,  civil  war,  exists  in  portions  of 
the  Union  ;  that  persons  owing  allegiance  to  the  United  States 
have  confederated  together,  and  with  arms,  by  force  and 
intimidation,  have  prevented  the  execution  of  the  constitutional 
acts  of  Congress,  have  forcibly  seized  upon  and  hold  a  custom 
house  and  post-office,  forts,  arsenals,  vessels,  and  other  property 
belonging  to  the  United  States,  and  have  actually  fired  upon 
vessels  bearing  the  United  States  flag  and  carrying  United 
States  troops.  This  is  a  usurpation  of  the  authority  of  the 
Federal  Government ;  it  is  high  treason  by  levying  war. 
Either  one  of  those  acts  will  constitute  high  treason.  There 
can  be  no  doubt  of  it." 

The  judge  here  defines  high  treason,  and  he  goes 
on  to  say,  — 

"  What  amounts  to  adhering  to  and  giving  aid  and  comfort 
to  our  enemies,  it  is  somewhat  difficult  in  all  cases  to  define  ; 
but  certain  it  is  that  furnishing  them  with  arms,"  — 

It  really  seems  that,  by  some  kind  of  intuition, 
the  judge  had  in  his  mind  the  precise  case  now 
under  our  consideration,  and  had  anticipated  it  last 
January,  — 

—  "  certain  it  is  that  furnishing  them  with  arms  or  munitions  of 
war,  vessels  or  other  means  of  transportation,  or  any  materials 


OF  ANDREW  JOHNSON.  411 

which  will  aid  the  traitors  in  carrying  out  their  traitorous 
purposes,  with  a  knowledge  that  they  are  intended  for  such 
purposes,  or  inciting  and  encouraging  others  to  engage  in  or 
aid  the  traitors  in  any  way,  does  come  within  the  provisions  of 
the  act." 

In  this  view,  even  if  we  were  sitting  as  a  court, 
bound  by  the  rules  and  technicalities  of  judicial 
proceedings,  should  we  not  be  bound  to  hold  that 
this  case  comes  within  this  legal  definition  ? 

"  And  it  is  immaterial,"  adds  Judge  Smalley,  "  whether  such 
acts  are  induced  by  sympathy  with  the  rebellion,  hostility  to 
the  Government,  or  a  design  for  gain." 

In  view  of  these  authorities,  let  us  look  at  the 
letter.  It  was  written  on  the  1st  of  March,  1861. 
The  opinion  of  Judge  Smalley  was  published  in 
the  "  Intelligencer  "  of  the  21st  of  January,  1861, 
and  must,  of  course,  have  been  delivered  before 
that  time.  It  would  be  doing  the  Senator's  intel 
ligence  great  injustice  to  presume  that  he  was  not 
as  well  informed  on  the  subject  as  the  judge  was 
who  was  charging  the  grand  jury  in  reference  to  an 
act  of  Congress  passed  at  an  early  day  in  the  history 
of  the  Government.  It  would  be  doing  him  great 
injustice  to  suppose  that  he  was  not  familiar  with 
the  statute.  It  would  be  doing  him  great  injustice 
to  suppose  that  he  had  not  observed  the  fact  that 
the  attention  of  the  country  was  being  called  by 
the  courts  to  the  treason  that  was  rampant  through 
out  the  land.  The  letter  complained  of  is  as  fol 
lows  :  — 


412  THE  SPEECHES 

WASHINGTON,  March  1,  1861. 

My  DEAR  SIR  :  Allow  me  to  introduce  to  your  acquaint 
ance  my  friend  Thomas  B.  Lincoln,  of  Texas.  He  visits  your 
capital  mainly  to  dispose  of  what  he  regards  a  great  improve 
ment  in  fire-arms.  I  recommend  him  to  your  favorable  con 
sideration  as  a  gentleman  of  the  first  respectability,  and  reliable 
in  every  respect. 

Very  truly  yours,  JESSE  D.  BRIGHT. 

To  His  Excellency  JEFFERSON  DAVIS, 

President  of  the  Confederation  of  States. 

According  to  the  charge  of  Judge  Sm alley, 
which  I  have  already  read,  the  flag  of  the  United 
States  had  been  fired  upon  before  the  21st  of  Jan 
uary,  1861,  and  war  then  did  in  fact  exist.  When 
the  rebels  were  taking  our  forts  ;  when  they  were 
taking  possession  of  our  post-offices  ;  when  they 
were  seizing  our  custom-houses  ;  when  they  were 

O  i/ 

taking  possession  of  our  mints  and  the  depositories 
of  the  public  money,  can  it  be  possible  that  the 
Senator  from  Indiana  did  not  know  that  war 
existed,  and  that  rebellion  was  going  on  ?  It  is  a 
fact  that  the  ordinance  of  the  convention  of  Texas 
seceding  from  the  Union  and  attaching  herself  to 
the  Southern  Confederacy,  was  dated  back  as  far 
as  the  1st  of  February,  1861.  Then,  at  the  time 
the  letter  was  written,  Thomas  B.  Lincoln  was  a 
citizen  of  a  rebel  State  ;  a  traitor  and  a  rebel  him 
self.  He  comes  to  the  Senator  asking  him  to  do 
what?  To  write  a  letter  by  which  he  could  be 
facilitated  in  his  scheme  of  selling  an  improved 
fire-arm,  an  implement  of  war  and  of  death.  Can 


OF  ANDREW  JOHNSON.  413 

there  be  any  mistake  about  it?  He  asks  for  a 
letter  recommending  an  improved  fire-arm  to  the 
President  of  the  rebel  States,  who  was  then  in 
actual  wrar  ;  the  man  who  asked  for  this  being  him 
self  from  a  State  that  was  in  open  rebellion,  and  he 
himself  a  traitor. 

Now,  sir,  if  we  were  a  court,  how  would  the  case 
be  presented  ?  I  know  the  Constitution  says  that 
"  no  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  twro  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court."  Here  is  an 
overt  act  ;  it  is  showrn  clearly  and  plainly.  We 
have  the  Senator's  confession  in  open  Senate  that 
he  did  write  the  letter.  Shall  we  with  this  dis 
cretion,  in  view  of  the  protection  of  this  body  and 
the  safety  of  the  Government,  decide  the  case  upon 
special  pleas  or  hunt  up  technicalities  by  which  the 
Senator  can  escape,  as  you  would  quash  an  indict 
ment  in  a  criminal  court  ? 

The  case  of  John  Smith  has  already  been  stated 
to  the  Senate.  A  true  bill  had  been  found  ao-ainst 

o 

him  for  his  connection  with  Burr's  treason,  but 
upon  a  technicality,  the  proof  not  being  made  out 
according  to  the  Constitution,  and  Burr  having 
been  tried  first  and  acquitted,  the  bill  against  Smith 
was  quashed,  as  he  was  only  an  accomplice.  He 
was,  therefore,  turned  out  of  court ;  the  proceed 
ings  against  him  were  quashed  upon  a  technicality  ; 
but  John  Smith  was  a  Senator,  and  he  came  here 
to  this  body.  He  came  again  to  take  his  seat  in  the 

35* 


414  THE  SPEECHES 

Senate  of  the  United  States,  and  what  did  the 
Senate  do  ?  They  took  up  his  case  ;  they  investi 
gated  it.  Mr.  Adams  made  a  report,  able,  full, 
complete.  I  may  say  he  came  well-nigh  exhausting 
the  whole  subject.  The  committee  reported  a  res 
olution  for  his  expulsion,  and  how  did  the  vote 
stand  ?  It  is  true  that  Mr.  Smith  was  not  ex 
pelled  for  the  want  of  some  little  formality  in  this 
body,  the  vote  standing  19  to  10.  It  only  lacked 
one  vote  to  put  him  out  by  a  two-thirds  majority, 
according  to  the  requirements  of  the  Constitution. 
What  was  the  judgment  of  the  nation  ?  It  was 
that  John  Smith  was  an  accomplice  of  Burr,  and 
the  Senate  condemned  him  and  almost  expelled  him, 
not  narrowing  itself  down  to  those  rules  and  tech 
nicalities  that  are  resorted  to  in  courts  and  by 
which  criminals  escape.  To  show  the  grounds 
upon  which  the  action  in  that  case  was  based,  I  beg 
leave  to  read  some  extracts  from  Mr.  John  Qirincy 
Adams's  report  in  that  case :  — 

"  In  examining  the  question  whether  these  forms  of  judi 
cial  proceedings  or  the  rules  of  judicial  evidence  ought  to  be 
applied  to  the  exercise  of  that  censorial  authority  which  the 
Senate  of  the  United  States  possesses  over  the  conduct  of  its 
members,  let  us  assume  as  the  test  of  their  application  either 
the  dictates  of  unfettered  reason,  the  letter  and  spirit  of  the 
Constitution,  or  precedents  domestic  or  foreign,  and  your  com 
mittee  believe  that  the  result  will  be  the  same :  that  the  power 
of  expelling  a  member  must  in  its  nature  be  discretionary,  and 
in  its  exercise  always  more  summary  than  the  tardy  process  of 
judical  proceedings. 

"  The  power  of  expelling  a  member  for  misconduct  results, 


OF  ANDREW  JOHNSON".  415 

on  the  principles  of  common  sense,  from  the  interests  of  the 
nation  that  the  high  trust  of  legislation  should  be  invested  in 
pure  hands.  When  the  trust  is  elective,  it  is  not  to  be  pre 
sumed  that  the  constituent  body  will  commit  the  deposit  to  the 
keeping  of  worthless  characters.  But  when  a  man,  whom  his 
fellow-citizens  have  honored  with  their  confidence  on  the 
pledge  of  a  spotless  reputation,  has  degraded  himself  by  the 
commission  of  infamous  crimes,  which  become  suddenly  and 
unexpectedly  revealed  to  the  world,  defective,  indeed,  would 
be  that  institution  which  should  be  impotent  to  discard  from  its 
bosom  the  contagion  of  such  a  member ;  which  should  have  no 
remedy  of  amputation  to  apply  until  the  poison  had  reached 
the  heart." 

"  But  when  a  member  of  a  legislative  body  lies  under  the 
imputation  of  aggravated  offences,  and  the  determination  upon 
his  case  can  operate  only  to  remove  him  from  a  station  of  ex 
tensive  powers  and  important  trusts,  this  disproportion  between 
the  interest  of  the  public  and  the  interest  of  the  individual 
disappears  ;  if  any  disproportion  exists,  it  is  of  an  opposite 
kind.  It  is  not  better  that  ten  traitors  should  be  members  of 
this  Senate,  than  that  one  innocent  man  should  suffer  expulsion. 
In  either  case,  no  doubt,  the  evil  would  be  great;  but  in  the 
former,  it  would  strike  at  the  vitals  of  the  nation ;  in  the  latter 
it  might,  though  deeply  to  be  lamented,  only  be  the  calamity 
of  an  individual." 

"  Yet  in  the  midst  of  all  this  anxious  providence  of  legisla 
tive  virtue,  it  has  not  authorized  the  constituent  body  to  recall 
in  any  case  its  representative.  It  has  not  subjected  him  to 
removal  by  impeachment ;  and  when  the  darling  of  the 
people's  choice  has  become  their  deadliest  foe,  can  it  enter  the 
imagination  of  a  reasonable  man,  that  the  sanctuary  of  their 
legislation  must  remain  polluted  with  his  presence,  until  a 
court  of  common  law,  with  its  pace  of  snail,  can  ascertain 
whether  his  crime  was  committed  on  the  right  or  on  the  left 


416  THE  SPEECHES 

bank  of  a  river ;  whether  a  puncture  of  difference  can  be 
found  between  the  words  of  the  charge  and  the  words  of  the 
proof;  whether  the  witnesses  of  his  guilt  should  or  should  not 
be  heard  by  his  jury  ;  and  whether  he  was  punishable,  because 
present  at  an  over  act,  or  intangible  to  public  justice  because 
he  only  contrived  and  prepared  it  ?  Is  it  conceivable  that  a 
traitor  to  that  country  which  has  loaded  him  with  favors,  guilty 
to  the  common  understanding  of  all  mankind,  should  be 
suffered  to  return  unquestioned  to  that  post  of  honor  and  con 
fidence  where,  in  the  zenith  of  his  good  fame,  he  had  been 
placed  by  the  esteem  of  his  countrymen,  and  in  defiance  of 
their  wishes,  in  mockery  of  their  fears,  surrounded  by  the 
public  indignation,  but  inaccessible  to  its  bolt,  pursue  the  pur 
poses  of  treason  in  the  heart  of  the  national  councils  ?  Must 
the  assembled  rulers  of  the  land  listen  with  calmness  and  in 
difference,  session  after  session,  to  the  voice  of  notorious 
infamy,  until  ihe  sluggard  step  of  municipal  justice  can  over 
take  his  enormities  ?  Must  they  tamely  see  the  lives  and 
fortunes  of  millions,  the  safety  of  present  and  future  ages, 
depending  upon  his  vote,  recorded  with  theirs,  merely  because 
the  abused  benignity  of  general  maxims  may  have  remitted  to 
him  the  forfeiture  of  his  life  ?  " 

"  Such,  in  very  supposable  cases,  would  be  the  unavoidable 
consequences  of  a  principle  which  should  offer  the  crutches  of 
judicial  tribunals  as  an  apology  for  crippling  the  congressional 
power  of  expulsion.  Far  different,  in  the  opinion  of  your 
committee,  is  the  spirit  of  our  Constitution.  They  believed 
that  the  very  purpose  for  which  this  power  was  given  was  to 
preserve  the  Legislature  from  the  first  approaches  of  infection  ; 
that  it  was  made  discretionary,  because  it  could  not  exist  under 
the  procrastination  of  general  rules.  That  its  process  must 
be  summary,  because  it  would  be  rendered  nugatory  by  delay." 

Mr.  President,  suppose  Aaron  Burr  had  been  a 
Senator,  and  after  his  acquittal  he  had  come  back 
here,  to  take  his  seat  in  the  Senate,  what  would 


OF  ANDREW  JOHNSON.  41  7 

have  been  done  ?  According  to  the  doctrine  avuwcd 
in  this  debate,  that  we  must  sit  as  a  court  and  sub 
ject  the  individual  to  all  the  rules  and  technicali 
ties  of  criminal  proceedings,  could  he  have  been 
expelled  ?  And  yet  is  there  a  Senator  here  who 
would  have  voted  to  allow  Aaron  Burr  to  take  a 
seat  in  the  Senate  after  his  acquittal  by  a  court  and 
jury  ?  No  ;  there  is  not  a  Senator  here  who  would 
have  done  it.  Aaron  Burr  was  tried  in  court,  and 
he  was  found  not  guilty ;  he  was  turned  loose  ;  but 
was  the  public  judgment  of  this  nation  less  satis 
fied  of  his  guilt  than  if  he  had  not  been  acquitted  ? 
What  is  the  nation's  judgment,  settled  and  fixed  ? 
That  Aaron  Burr  was  guilty  of  treason,  notwith 
standing  he  was  acquitted  by  a  court  and  jury. 

It  is  said  by  some  Senators  that  the  Senator 
from  Indiana  wrote  this  letter  simply  as  a  letter  of 
friendship.  Sir,  just  think  of  it !  A  Senator  of 
the  United  States  was  called  upon  to  write  a  letter 
for  a  rebel,  for  a  man  from  a  rebel  State,  after  the 
courts  of  the  country  had  pronounced  that  civil 
war  existed  ;  after  the  judicial  tribunals  had  defined 
what  aiding  and  adhering  to  the  enemies  of  the 
country  was  !  Under  such  circumstances,  what 
would  have  been  the  course  of  loyalty  and  of  pa 
triotism  ?  Suppose  a  man  who  had  been  your 
friend,  sir,  who  had  rendered  you  many  acts  of 
kindness,  had  come  to  you  for  such  a  letter.  You 
would  have  asked  where  he  was  going  with  it. 
You  would  have  said  :  "  There  is  a  Southern  Con- 


418  THE  SPEECHES 

federacy  ;  there  is  a  rebellion  ;  my  friend,  you  can 
not  ask  me  to  write  a  letter  to  anybody  there  ;  they 
are  at  war  with  the  United  States  ;  they  are  at  war 
with  my  Government ;  I  cannot  write  you  a  letter 
giving  you  aid  and  assistance  in  selling  your  im 
proved  fire-arm  there."  Why  ?  "  Because  that 
fire-arm  may  bt  used  against  my  own  country  and 
against  my  own  fellow-citizens."  Would  not  that 
have  been  the  language  of  a  man  who  was  willing 
to  recognize  his  obligations  of  duty  to  his  country  ? 
What  was  the  object  of  writing  the  letter  ?  It 
certainly  was  to  aid,  to  facilitate  the  selling  of  his 
fire-arms,  to  inspire  the  rebel  chief  with  confidence 
in  the  individual.  It  was  saying  substantially,  "  I 
know  this  man ;  I  write  to  you  because  I  know 
you  have  confidence  in  me ;  I  send  him  to  you  be 
cause  I  know  you  need  fire-arms ;  you  need  im 
proved  fire-arms ;  you  need  the  most  deadly  and 
destructive  weapons  of  warfare  to  overcome  this 
great  and  this  glorious  country ;  I  recommend  him 
to  you,  and  I  recommend  his  fire-arms  ;  he  is  a  man 
in  whom  entire  confidence  may  be  placed."  That, 
sir,  is  the  letter.  I  have  already  shown  the  cir 
cumstances  under  which  it  was  written.  If  such 
a  letter  had  been  written  in  the  purest  innocence 
of  intention,  with  no  treasonable  design,  with  no 
desire  to  injure  his  own  Government,  yet,  in  view 
of  all  the  circumstances,  in  view  of  the  facts  which 
had  transpired,  a  Senator  who  wrould  be  so  un- 
thoughtful,  and  so  negligent,  and  so  regardless  of 


OF  ANDREW  JOHNSON.  419 

his  country's  interests  as  to  write  such  a  letter,  is 
not  entitled  to  a  seat  on  this  floor.  [Applause  in 
the  galleries.] 

The  PRESIDING  OFFICER,.1      Order  !  order ! 

Mr.  JOHNSON.  Then,  Mr.  President,  what  has 
been  the  bearing  and  the  conduct  of  the  Senator 
from  Indiana  since  ?  I  desire  it  to  be  understood 
that  I  refer  to  him  in  no  unkindness,  for  God  knows 
I  bear  him  none ;  but  my  duty  I  will  perform. 
"  Duties  are  mine,  consequences  are  God's."  What 
has  been  the  Senator's  bearing  generally  ?  Have 
you  heard  of  his  being  in  the  field  ?  Have  you 
heard  of  his  voice  and  his  influence  being  raised 
for  his  bleeding  and  distracted  country  ?  Has  his 
influence  been  brought  to  bear  officially,  socially, 
politically,  or  in  any  way  for  the  suppression  of  the 
rebellion  ?  If  so,  I  am  unaware  of  it.  Where  is 
the  evidence  of  devotion  to  his  country  in  his 
speeches  and  in  his  votes  ?  Where  the  evidence 
of  the  disposition  on  his  part  to  overthrow  and  put 
down  the  rebellion?  I  have  been  told,  Mr.  Presi 
dent,  by  honorable  gentlemen,  as  an  evidence  of 
the  Senator's  devotion  to  his  country  and  his  great 
opposition  to  this  Southern  movement,  that  they 
heard  him,  and  perhaps  with  tears  in  his  eyes,  re 
monstrate  with  the  leaders  of  the  rebellion  that 
they  should  not  leave  him  here  in  the  Senate,  or 
that  they  should  not  persist  in  their  course  after  the 
relations  that  had  existed  between  them  and  him, 

1  Mr.  Sherman. 


420  THE  SPEECHES 

and  the  other  Democrats  of  the  country  ;  that  he 
thought  they  were  treating  him  badly.  This  was 
the  kind  of  remonstrance  he  made.  Be  it  so.  I 
am  willing  to  give  the  Senator  credit  for  all  he  is 
entitled  to,  and  I  would  to  God  I  could  credit  him 
with  more. 

But  do  Senators  remember  that  when  this  battle 
was  being  fought  in  the  Senate  I  stood  here  on  this 
side,  solitary  and  alone,  on  the  19th  day  of  Decem 
ber,  1860,  and  proclaimed  that  the  Government 
was  at  an  end  if  you  denied  it  the  power  to  enforce 
its  laws  ?  I  declared  then  that  a  government  which 
had  not  the  power  to  coerce  obedience  on  the  part 
of  those  who  violated  the  law  was  no  government 
at  all,  and  had  failed  to  carry  out  the  objects  of  its 
creation,  and  was,  ipso  facto,  dissolved.  When  I 
stood  on  this  floor  and  fought  the  battle  for  the 

O 

supremacy  of  the  Constitution  and  the  enforcement 
of  the  laws,  has  the  Senate  forgotten  that  a  bevy  of 
conspirators  gathered  in  from  the  other  House,  and 
that  those  who  were  here  crowded  around,  with 
frowns  and  scowls,  and  expressions  of  indignation 
and  contempt  toward  me,  because  I  dared  to  raise 
my  feeble  voice  in  vindication  of  the  Constitution 
and  the  enforcement  of  the  laws  of  the  Union  ? 
Have  you  forgotten  the  taunts,  the  jeers,  the  deri 
sive  remarks,  the  contemptuous  expressions  that 
were  indulged  in  ?  If  you  have,  I  have  not.  If 
the  Senator  felt  such  great  reluctance  at  the  depart 
ure  from  the  Senate  of  the  chiefs  of  the  rebellion,  I 


OF  ANDREW  JOHNSON.  421 

should  have  been  glad  to  receive  one  encouraging 
smile  from  him  when  I  was  fighting  the  battles  of 
the  country.  I  did  not  receive  one  encouraging 
expression  ;  I  received  not  a  single  sustaining  look. 
It  would  have  been  peculiarly  encouraging  to  me, 
under  the  circumstances,  to  be  greeted  and  encour 
aged  by  one  of  the  Senator's  talents  and  long  stand 
ing  in  public  life  ;  but  he  was  cold  as  an  iceberg, 
and  I  stood  solitary  and  alone  amidst  the  gang  of 
conspirators  that  had  gathered  around  me.  So 
much  for  the  Senator's  remonstrances  and  expres 
sions  of  regret  for  the  retirement  of  those  gentlemen. 
The  bearing  of  the  Senator  since  he  wrote  this 
letter  has  not  been  unobserved.  I  have  not  com 
pared  notes ;  I  have  not  hunted  up  the  record  in 
reference  to  it ;  but  I  have  a  perfect  recollection  of 
it.  Did  we  not  see,  during  the  last  session  of  Con 
gress,  the  line  being  drawn  between  those  who 
were  devoted  to  the  Union  and  those  who  were 
not  ?  Cannot  we  sometimes  see  a  great  deal  more 
than  is  expressed  ?  Does  it  require  us  to  have  a 
man's  sentiments  written  down  in  burning  and 
blazing  characters,  before  we  are  able  to  judge 
what  they  are  ?  Has  it  not  been  observable  all 
through  this  history  where  the  true  Union  heart 
has  stood  ?  What  was  the  Senator's  bearing  at 
the  last  session  of  Congress  ?  Do  we  not  know 
that  in  the  main  he  stood  here  opposed  substan 
tially  to  every  measure  which  was  necessary  to  sus 
tain  the  Government  in  its  trial  and  peril  ?  He 

36 


422  THE  SPEECHES 

may  perhaps  have  voted  for  some  measures  that 
were  collateral,  remote,  indirect  in  their  bearing  ; 
but  do  we  not  know  that  his  vote  and  his  influence 
were  cast  against  the  measures  which  were  abso 
lutely  necessary  to  sustain  the  Government  in  its 
hour  of  peril  ? 

Some  gentlemen  have  said,  and  well  said,  that 
we  should  not  judge  by  party.  I  say  so,  too.  I 
voted  to  let  the  Senator  from  Indiana  into  the  body, 
and  as  a  Democrat  my  bias  and  prejudice  would 
rather  be  in  his  favor.  I  am  a  Democrat  now ;  I 
have  been  one  all  my  life  ;  I  expect  to  live  and  die 
one ;  and  the  corner-stone  of  my  Democracy  rests 
upon  the  enduring  basis  of  the  Union.  Democrats 
may  come  and  go,  but  they  shall  never  divert  me 
from  the  polar  star  by  which  I  have  ever  been 
guided  from  early  life,  —  the  great  principle  of  De 
mocracy  upon  which  this  Government  rests,  and 
which  cannot  be  carried  out  without  the  preser 
vation  of  the  Union  of  these  States.  The  pretence 
hitherto  employed  by  many  who  are  now  in  the 
traitors'  camp  has  been,  "  We  are  for  the  Union  ; 
we  are  not  for  dissolution ;  but  we  are  opposed  to 
coercion."  How  long,  Senators,  have  you  heard 
that  syren  song  ?  Where  are  now  most  of  those 
who  sang  those  syren  tones  to  us  ?  Look  back  to 
the  last  session,  and  inquire  where  now  are  the  men 
who  then  were  singing  that  song  in  our  ears  ? 
Where  is  Trusteii  Polk,  who  then  stood  here  so 
gently  craving  for  peace  ?  He  is  in  the  rebel  camp. 


OF  ANDREW  JOHNSON.  423 

Where  is  John  C.  Breckinridge  ?  —  a  man  for 
whose  promotion  to  the  Presidency  I  did  what  I 
conld,  physically,  mentally,  and  pecuniarily ;  but 
when  he  satisfied  me  that  he  was  for  breaking  up 
this  Government,  and  would  ere  long  be  a  traitor  to 
his  country,  I  dropped  him  as  I  would  the  Senator 
from  Indiana.  He  was  here  at  the  last  session  of 
Congress  ;  and  everybody  could  see  then  that  he 
was  on  the  road  to  the  traitors'  camp.  Instead  of 
sustaining  the  Government,  he,  too,  was  crying  out 
for  peace  ;  but  he  was  bitter  against  "  Lincoln's  gov 
ernment."  Sir,  when  I  talk  about  preserving  this 
great  Government,  I  do  not  have  its  executive 
officer  in  my  mind.  The  executive  head  of  the 
Government  comes  in  and  goes  out  of  office  every 
four  years.  He  is  the  mere  creature  of  the  people. 
I  talk  about  the  Government  without  regard  to  the 
particular  executive  officers  who  have  charge  of  it. 
If  they  do  well,  we  can  continue  them  ;  if  they  do 
wrong,  we  can  turn  them  out.  Mr.  Lincoln  having 
come  in  according  to  the  forms  of  law  and  the 
Constitution,  I,  loving  my  Government  and  the 
Union,  felt  it  to  be  my  duty  to  stand  by  the  Gov 
ernment,  and  to  stand  by  the  Administration  in  all 
those  measures  that  I  believed  to  be  necessary  and 
proper  for  the  preservation  and  perpetuation  of  the 
Union. 

Mr.  Polk  has  gone  ;  Mr.  Breckinridge  has  gone ; 
my  namesake,  the  late  Senator  from  Missouri,  has 
gone.  Did  you  not  see  the  line  of  separation  at  the 


424  THE  SPEECHES 

last  session  ?  Although  Senators  make  speeches, 
in  which  they  give  utterance  to  disclaimers,  we  can 
see  their  bearing.  It  is  visible  now ;  and  the  obli 
gations  of  truth  and  duty  to  my  country  require  me 
to  speak  of  it.  I  believe  there  are  treasonable 
tendencies  here  now ;  and  how  long  it  will  be 
before  they  will  lead  to  the  traitors'  camp,  I  shall 
not  undertake  to  say.  The  great  point  with  these 
gentlemen  is,  that  they  are  opposed  to  coercion  and 
to  the  enforcement  of  the  laws.  Without  regard  to 
the  general  bearing  of  the  Senator  from  Indiana 
upon  that  point,  let  me  quote  the  conclusion  of  his 
letter  of  the  7th  of  September,  1861,  to  J.  Fitch. 
I  will  read  only  the  concluding  portion  of  the  letter, 
as  it  does  him  no  injustice  to  omit  the  remainder :  — 

"  And  hence  I  have  opposed,  and  so  long  as  my  present 
convictions  last  shall  continue  to  oppose,  the  entire  coercive 
policy  of  the  Government.  I  hope  this  may  be  satisfactory  to 
my  friends.  For  my  enemies  I  care  not." 

Does  not  this  correspond  with  the  Senator's 
general  bearing?  Has  he  given  his  aid  or  coun 
tenance  or  influence,  in  any  manner,  towards  the 
efforts  of  the  Government  to  sustain  itself?  What 
has  been  his  course  ?  We  know  that  great  stress 
has  been  laid  upon  the  word  "  coercion,"  and  it 
has  been  played  upon  effectually  for  the  purpose  of 
prejudicing  the  Southern  mind,  in  connection  with 
the  other  term,  "  subjugation  of  the  States,"  which 
has  been  used  so  often.  We  may  as  well  be  honest 
and  fair,  and  admit  the  truth  of  the  great  proposi- 


OF  ANDREW  JOHNSON.  425 

tion,  that  a  government  cannot  exist  —  in  other 
words,  it  is  no  government  —  if  it  is  without  the 
power  to  enforce  its  laws  and  coerce  obedience  to 
them.  That  is  all  there  is  of  it ;  and  the  very 
instant  you  take  that  power  from  this  Government, 
it  is  at  an  end  ;  it  is  a  mere  rope  of  sand  that  will 
fall  to  pieces  of  its  own  weight.  It  is  idle,  Utopian, 
chimerical,  to  talk  about  a  Government  existing 
without  the  power  to  enforce  its  laws.  How  is  the 
Government  to  enforce  its  laws?  The  Constitution 
says  that  Congress  shall  have  power  "  to  provide 
for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections,  and  repel  inva 
sions."  Let  me  ask  the  Senator  from  Indiana, 
with  all  his  astuteness,  how  is  rebellion  to  be  put 
down,  how  is  it  to  be  resisted,  unless  there  is  some 
power  in  the  Government  to  enforce  its  laws  ? 

If  there  be  a  citizen  who  violates  your  post-office 
laws,  who  counterfeits  the  coin  of  the  United  States, 
or  who  commits  any  other  offence  against  the  laws 
of  the  United  States,  you  subject  him  to  trial  and 
punishment.  Is  not  that  coercion  ?  Is  not  that  en 
forcing  the  laws?  How  is  rebellion  to  be  put  down 
without  coercion,  without  enforcing  the  laws  ?  Can 
it  be  done  ?  The  Constitution  provides  that,  — 

"  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  from  invasion ;  and  on  application  of  the  Legis 
lature,  or  of  the  Executive,  (when  the  Legislature  canuot  be 
convened,)  against  domestic  violence." 


426  THE  SPEECHES 

How  is  this  Government  to  put  down  domestic 
violence  in  a  State  without  coercion  ?  How  is  the 
nation  to  be  protected  against  insurrection  without 
coercing  the  citizens  to  obedience?  Can  it  be 
done?  When  the  Senator  says  he  is  against  the 
entire  coercive  policy  of  the  Government,  he  is 
against  the  vital  principle  of  all  government.  I 
look  upon  this  as  the  most  revolutionary  and  de 
structive  doctrine  that  ever  was  preached.  If  this 
Government  cannot  call  forth  the  militia,  if  it  can 
not  repel  invasion,  if  it  cannot  put  down  domestic 
violence,  if  it  cannot  suppress  rebellion,  I  ask  if  the 
great  objects  of  the  Government  are  not  at  an  end  ? 

Look  at  my  own  State,  by  way  of  illustration. 
There  is  open  rebellion  there  ;  there  is  domestic 
violence ;  there  is  insurrection.  An  attempt  has 
been  made  to  transfer  that  State  to  another  power. 
Let  me  ask  the  Senator  from  Indiana  if  the  Con 
stitution  does  not  require  you  to  guarantee  us  a 
republican  form  of  government  in  that  State  ?  Is 
not  that  your  sworn  duty  ?  We  ask  you  to  put 
down  this  unholy  rebellion.  What  answer  would 
he  give  us  ?  We  ask  you  to  protect  us  against 
insurrection  and  domestic  violence.  What  is  his 
reply ?  "I  am  against  your  whole  coercive  pol 
icy  ;  I  am  against  the  enforcement  of  the  laws." 
I  say  that  if  that  principle  be  acted  on,  your  Gov 
ernment  is  at  an  end ;  it  fails  utterly  to  carry  out 
the  object  of  its  creation.  Such  a  principle  leads 
to  the  destruction  of  the  Government,  for  it  must 


OF  ANDREW  JOHNSON.  427 

inevitably  result  in  anarchy  and  confusion.  "  I 
arn  opposed  to  the  entire  coercive  policy  of  the 
Government,"  says  the  Senator  from  Indiana. 
That  cuckoo  note  has  been  reiterated  to  satiety ; 
it  is  understood  ;  men  know  the  nature  and  char 
acter  of  their  Government,  and  they  also  know  that 
to  cry  out  against  "  coercion  "  and  "  subjugation  "  is 
mere  ad  captandum,  idle,  and  unmeaning  slang- 
whanging. 

Sir,  I  may  be  a  little  sensitive  on  this  subject 
upon  the  one  hand,  while  I  know  I  want  to  do 
ample  justice  upon  the  other.  I  took  an  oath  to 
support  the  Constitution  of  the  United  States. 
There  is  rebellion  in  the  land  ;  there  is  insurrection 
against  the  authority  of  this  Government.  Is  the 
Senator  from  Indiana  so  unobservant  or  so  obtuse 
that  he  does  not  know  now  that  there  has  been  a 
deliberate  design  for  years  to  change  the  nature  and 
character  and  genius  of  this  Government  ?  Do  we 
not  know  that  these  schemers  have  been  deliber 
ately  at  work,  and  that  there  is  a  party  in  the 
South,  with  some  associates  in  the  North,  and  even 
in  the  West,  that  have  become  tired  of  free  gov 
ernment,  in  which  they  have  lost  confidence  ? 
They  raise  an  outcry  against  "  coercion,"  that  they 
may  paralyze  the  Government,  cripple  the  exercise 
of  the  great  powers  with  which  it  was  invested,  and 
finally  to  change  its  form  and  subject  us  to  a  Southern 
despotism.  Do  we  not  know  it  to  be  so  ?  Why 
disguise  this  great  truth  ?  Do  we  not  know  that 


428  THE  SPEECHES 

they  have  been  anxious  for  a  change  of  Govern 
ment  for  years  ?  Since  this  rebellion  commenced  it 
has  manifested  itself  in  many  quarters.  How  long 
is  it  since  the  organ  of  the  government  at  Rich 
mond,  the  "  Richmond  Whig,"  declared  that 
rather  than  live  under  the  Government  of  the 
United  States,  they  preferred  to  take  the  constitu 
tional  Queen  of  Great  Britain  as  their  protector  ; 
that  they  would  make  an  alliance  with  Great  Britain 
for  the  purpose  of  preventing  the  enforcement  of 
the  laws  of  the  United  States  ?  Do  we  not  know 
this  ?  Why  then  play  "  hide  and  go  seek  "  ?  Why 
say,  "  Oh,  yes,  I  am  for  the  Union,"  while  every 
act,  influence,  conversation,  vote,  is  against  it? 
What  confidence  can  we  have  in  one  who  takes 
such  a  course  ? 

The  people  of  my  State,  down-trodden  and  op 
pressed  by  the  iron  heel  of  Southern  despotism, 
appeal  to  you  for  protection.  They  ask  you  to 
protect  them  against  domestic  violence.  They 
want  you  to  help  them  to  put  down  this  unholy 
and  damnable  rebellion.  They  call  upon  this  Gov 
ernment  for  the  execution  of  its  constitutional  duty 
to  guarantee  to  them  a  republican  form  of  govern 
ment,  and  to  protect  them  against  the  tyranny  and 
despotism  which  is  stalking  abroad.  What  is  the 
cold  reply  ?  "I  am  against  the  entire  coercive  pol 
icy  ;  I  am  not  for  enforcing  the  laws."  Upon  such 
a  doctrine  Government  crumbles  to  pieces,  and 
anarchy  and  despotism  reign  throughout  the  land.. 


OF  ANDREW   JOHNSON.  429 

Indiana,  God  bless  her,  is  as  true  to  the  Union 
as  the  needle  is  to  the  pole.  She  has  sent  out  her 
"  columns  "  ;  she  has  sent  her  thousands  into  the 
field,  for  what  ?  To  sustain  the  Constitution  and 
to  enforce  the  laws  ;  and  as  they  march  with  strong 
arms  and  brave  hearts  to  relieve  a  suffering  peo 
ple,  who  have  committed  no  oifence  save  devotion 
to  this  glorious  Union  ;  as  they  march  to  the  res 
cue  of  the  Constitution  and  to  extend  its  benefits 
again  to  a  people  who  love  it  dearly,  and  who 
have  been  ruthlessly  torn  from  under  its  protect- 
in  (f  seo-is,  what  does  their  Senator  sav  to  them? 

^>  £""i       7  ^ 

"  I  am  against  the  entire  policy  of  coercion."  Do 
you  ever  hear  a  Senator  who  thus  talks  make  any 
objection  to  the  exercise  of  unconstitutional  and 
tyrannical  power  by  the  so-called  Southern  Con 
federacy,  or  say  a  word  against  its  practice  of 
coercion  ?  In  all  the  speeches  that  have  been  de 
livered  on  that  point,  has  one  sentence  against 
usurpation,  against  despotism,  against  the  exercise 
of  doubtful  and  unconstitutional  powers  by  that 
Confederacy,  been  uttered  ?  Oh,  no  !  Have  you 
heard  any  objection  to  their  practising  not  only 
coercion  but  usurpation  ?  Have  they  not  usurped 
government  ?  Have  they  not  oppressed,  and  are 
they  not  now  tyrannizing  over  the  people  ?  The 
people  of  my  State  are  coerced,  borne  down,  trod 
den  beneath  the  iron  heel  of  power.  We  appeal  to 
you  for  protection.  You  stand  by  and  see  us 
coerced  ;  you  stand  by  and  see  tyranny  triumphing, 


430  THE  SPEECHES 

and  no  sympathy,  no  kindness,  no  helping  hand  can 
be  extended  to  us.  Your  Government  is  paralyzed ; 
your  Government  is  powerless  ;  that  which  you 
have  called  a  government  is  a  dream,  an  idle  thing. 
You  thought  you  had  a  government,  but  you  have 
none.  My  people  are  appealing  to  you  for  protec 
tion  under  the  Constitution.  They  are  arrested  by 
hundreds  and  by  thousands  ;  they  are  dragged  away 
from  their  homes  and  incarcerated  in  dungeons. 
They  ask  you  for  protection.  ,  Why  do  you  not 
give  it  ?  Some  of  them  are  lying  chained  in  their 
lonely  prison-house.  The  only  response  to  their 
murmur  is  the  rattling  and  clanking  of  the  chains 
that  bind  their  limbs.  The  only  response  to  their 
appeals  is  the  grating  of  the  hinges  of  their  dungeon. 
When  we  ask  for  help  under  the  Constitution,  we 
are  told  that  the  Government  has  no  power  to 
enforce  the  laws.  Our  people  are  oppressed  and 
down-trodden,  and  you  give  them  no  remedy.  They 
were  taught  to  love  and  respect  the  Constitution  of 
the  United  States.  What  is  their  condition  to-day  ? 
They  are  hunted  and  pursued  like  the  beasts  of  the 
forest  by  the  secession  and  disunion  hordes  who  are 
enforcing  their  doctrine  of  coercion.  They  are  shot 
or  hung  for  no  crime  save  a  desire  to  stand  by  the 
Constitution  of  the  United  States.  Helpless  chil 
dren  and  innocent  females  are  murdered  in  cold 
blood.  Our  men  are  hung  and  their  bodies  left 
upon  the  gibbet.  They  are  shot  and  left  lying  in 
the  gorges  of  the  mountains,  not  even  thrown  into 


OF  ANDREW  JOHNSON.  431 

the  caves  there  to  lie,  but  are  left  exposed  to  pass 
through  all  the  loathsome  stages  of  decomposition, 
or  to  be  devoured  by  the  birds  of  prey.  We  appeal 
for  protection,  and  are  told  by  the  Senator  from 
Indiana  and  others,  "  We  cannot  enforce  the  laws  ; 
we  are  against  the  entire  coercive  policy."  Do 
you  not  hear  their  groans  ?  Do  you  not  hear  their 
cries  ?  Do  you  not  hear  the  shrieks  of  oppressed 
and  down-trodden  women  and  children  ?  Sir,  their 
tones  ring  out  so  loud  and  clear,  that  even  listening 
angels  look  from  heaven  in  pity. 

I  will  not  pursue  this  idea  further,  for  I  perceive 
that  I  am  consuming  more  time  than  I  intended  to 
occupy.  I  think  it  it  clear,  without  going  further 
into  the  discussion,  that  the  Senator  from  Indiana 
has  sympathized  with  the  rebellion.  The  conclu 
sion  is  fixed  upon  my  mind  that  the  Senator  from 
Indiana  has  disqualified  himself,  has  incapacitated 
himself  to  discharge  the  duties  in  this  body  of  a 
loyal  Senator.  I  think  it  is  clear  that,  even  if  we 
were  a  court,  we  should  be  bound  to  convict  him  ; 
but  I  do  not  narrow  the  case  down  to  the  close  rules 
that  would  govern  a  court  of  justice. 

But,  sir,  in  the  course  of  the  discussion  one  pal 
liating  fact  was  submitted  by  the  distinguished  Sen 
ator  from  New  Jersey,1  and  he  knows  that  I  do  not 
refer  to  him  in  any  spirit  of  unkindness.  There 
was  more  of  legal  learning  and  special  pleading  in 
his  suggestion  than  solidity  or  sound  argument.  He 

i  Mr.  Ten  Eyck. 


432  THE  SPEECHES 

suggested  that  there  was  no  proof  that  this  letter 
had  ever  been  delivered  to  Jefferson  Davis,  and 
that  therefore  the  Senator  from  Indiana  ought  not 
to  be  convicted.  Well,  sir,  on  the  other  hand,  there 
is  no  proof  that  it  was  not  delivered.  It  is  true, 
the  letter  was  found  in  Mr.  Lincoln's  possession  ; 
but  who  knows  that  Davis  did  not  read  the  letter, 
and  han  1  it  back  to  Lincoln  ?  It  may  have  been 
that,  being  from  his  early  friend,  a  man  whom  he 
respected,  Lincoln  desired  to  keep  the  letter  and 
show  it  to  somebody  else.  We  have  as  much  right 
to  infer  that  the  letter  was  delivered  as  that  it  was 
not ;  but  be  that  as  it  may,  does  it  lessen  the  culpa 
bility  of  the  Senator  from  Indiana  ?  He  com 
mitted  the  act,  and  so  far  as  he  was  concerned  it 
was  executed.  It  would  be  no  palliation  of  his  of 
fence  if  the  man  did  not  deliver  the  letter  to  Davis. 
The  intent  and  the  act  were  just  as  complete  as  if  it 
had  been  delivered. 

During  the  war  of  the  Revolution,  in  1780, 
Major  Andre*,  a  British  spy,  held  a  conference  with 
Benedict  Arnold.  Arnold  prepared  his  letters,  six 
in  number,  and  they  were  handed  over  to  Major 
Andre*,  who  put  them  between  the  soles  of  his  feet 
and  his  stockings,  and  he  started  on  his  way  to 
join  Sir  Henry  Clinton.  Before  he  reached  his 
destination,  however,  John  Paulding  and  his  two 
associates  arrested  Major  Andr£.  They  pulled  off 
his  boots  and  his  stockings,  and  they  got  the  papers  ; 
they  kept  them,  and  Major  Andre*  was  tried  and 


OF  ANDREW  JOHNSON.  433 

hung  as  a  spy.  Arnold's  papers  were  not  delivered 
to  Sir  Henry  Clinton  ;  but  is  there  anybody  here 
who  doubts  that  Arnold  was  a  traitor  ?  Has  public 
opinion  ever  changed  upon  that  subject  ?  He  was 
not  convicted  in  a  court,  nor  were  the  treasonable 
despatches  which  were  to  expose  the  condition  of 
West  Point,  and  make  the  British  attack  upon  it 
easy  and  successful,  ever  delivered  to  Sir  Henry 
Clinton,  and  yet  Andre  was  hung  as  a  spy.  Be 
cause  Sir  Henry  Clinton  did  not  receive  the  trea 
sonable  documents,  was  the  guilt  of  Benedict  Arnold 
any  the  less  ?  I  do  not  intend  to  argue  this  ques 
tion  in  a  legal  way  ;  I  simply  mention  this  circum 
stance  by  way  of  illustration  of  the  point  which  has 
been  urged  in  the  present  case,  and  leave  it  for  the 
public  judgment  to  determine. 

Sir,  it  has  been  said  by  the  distinguished  Senator 
from  Delaware l  that  the  questions  in  controversy 
might  all  have  been  settled  by  compromise.  He 
dealt  rather  extensively  in  the  party  aspect  of  the 
case,  and  seemingly  desired  to  throw  the  onus  of  the 
present  condition  of  affairs  entirely  on  one  side. 
He  told  us  that  if  so  and  so  had  been  done  these 
questions  could  have  been  settled,  and  that  now 
there  would  have  been  no  war.  He  referred  par 
ticularly  to  the  resolution  offered  during  the  last 
Congress  by  the  Senator  from  New  Hampshire,2 
and  upon  the  vote  on  that  he  based  his  argument. 
I  do  not  mean  to  be  egotistical,  but  if  he  will  give 

l  Mr.  Saulsbury.  2  Mr.  Clark. 

37 


434  THE  SPEECHES 

me  his  attention  I  intend  to  take  the  staple  out  of 
that  speech,  and  show  how  much  of  it  is  left  on  that 
point. 

The  speech  of  the  Senator  from  Delaware  was 
a  very  fine  one.  I  have  not  the  power,  as  he  has, 
to  con  over  and  get  by  rote,  and  memorize  hand 
somely  rounded  periods,  and  make  a  great  display 
of  rhetoric.  It  is  my  misfortune  that  I  am  not  so 
skilled.  I  have  to  seize  on  fugitive  thoughts  as 
they  pass  through  my  mind,  make  the  best  appli 
cation  of  them  I  can,  and  express  them  in  my  own 
crude  way.  I  am  not  one  of  those  who  prepare 
rounding,  sounding,  bounding  rhetorical  nourishes, 
read  them  over  twenty  times  before  I  come  into  the 
Senate  Chamber,  make  a  great  display,  and  have  it 
said,  "  Oh,  that  is  a  fine  speech  !  "  I  have  heard 
many  such  fine  speeches  ;  but  when  I  have  had 
time  to  follow  them  up,  I  have  found  that  it  never 
took  long  to  analyze  them,  and  reduce  them  to  their 
original  elements  ;  and  that  when  they  were  reduced, 
there  was  not  very  much  of  them.  [Laughter.] 

The  Senator  told  us  that  the  adoption  of  the 
Clark  amendment  to  the  Crittenden  resolutions 
defeated  the  settlement  of  the  questions  of  contro 
versy  ;  and  that,  but  for  that  vote,  all  could  have 
been  peace  and  prosperity  now.  We  were  told 
that  the  Clark  amendment  defeated  the  Crittenden 
Compromise,  and  prevented  a  settlement  of  the 
controversy.  On  this  point  I  will  read  a  portion 
of  the  speech  of  my  worthy  and  talented  friend 


OF  ANDREW  JOHNSON.  435 

from  California,1  and  when  I  speak  of  him  thus,  I  do 
it  in  no  unmeaning  sense.  I  intend  that  he,  not  I, 
shall  answer  the  Senator  from  Delaware.  I  know 
that  sometimes,  when  gentlemen  are  fixing  up  their 
pretty  rhetorical  flourishes,  they  do  not  take  time 
to  see  all  the  sharp  corners  they  may  encounter. 
If  they  can  make  a  readable  sentence,  and  float  on 
in  a  smooth,  easy  stream,  all  goes  well,  and  they 
are  satisfied.  As  I  have  said,  the  Senator  from 
Delaware  told  us  that  the  Clark  amendment  was 
the  turning-point  in  the  whole  matter  ;  that  from 
it  had  flowed  rebellion,  revolution,  war,  the  shoot 
ing  and  imprisonment  of  people  in  different  States, 
—  perhaps  he  meant  to  include  my  own.  This  was 
the  Pandora's  box  that  has  been  opened,  out  of 
which  all  the  evils  that  now  afflict  the  land  have 
flown.  Thank  God,  I  still  have  hope  that  all  will 
yet  be  saved.  My  worthy  friend  from  California,1 
during,  the  last  session  of  Congress,  made  one  of 
the  best  speeches  he  ever  made.  I  bought  five 
thousand  copies  of  it  for  distribution,  but  I  had  no 
constituents  to  send  them  to ;  [laughter  ;]  and  they 
have  been  lying  in  your  document-room  ever  since, 
with  the  exception  of  a  few,  which  I  thought  would 
do  good  in  some  quarters.  In  the  course  of  that 
speech,  upon  this  very  point,  he  made  use  of  these 
remarks  :  — 

"  Mr.  President,  being  last  winter  a  careful  eye-witness  of 
all  that  occurred,  I  soon  became  satisfied  that  it  was  a  deliber- 

1  Mr.  Latham. 


4:36  THE  SPEECHES 

ate,  wilful  design,  on  the  part  of  some  representatives  of 
Southern  States,  to  seize  upon  the  election  of  Mr.  Lincoln 
merely  as  an  excuse  to  precipitate  this  revolution  upon  the 
country.  One  evidence,  to  my  mind,  is  the  fact  that  South 
Carolina  never  sent  her  Senators  here." 

Then  they  certainly  were  not  influenced  by  the 
Clark  amendment. 

"  An  additional  evidence  is,  that  when  gentlemen  on  this 
floor,  by  their  votes,  could  have  controlled  legislation,  they 
refused  to  cast  them  for  fear  that  the  very  propositions  sub 
mitted  to  this  body  might  have  an  influence  in  changing  the 
opinions  of  their  constituencies.  Why,  sir,  when  the  resolu 
tions  submitted  by  the  Senator  from  New  Hampshire  [Mr. 
Clark]  were  offered  as  an  amendment  to  the  Crittenden  prop 
ositions,  for  the  manifest  purpose  of  embarrassing  the  latter, 
and  the  vote  taken  on  the  16th  of  January,  1861,  I  ask,  what 
did  we  see  ?  There  were  fifty-five  Senators  at  that  time  upon 
this  floor  in  person.  The  *  Globe  '  of  the  second  session,  Thirty- 
Sixth  Congress,  part  1,  page  409,  shows  that  upon  the  call  of 
the  yeas  and  nays  immediately  preceding  the  vote  on  the  sub 
stituting  of  Mr.  Clark's  amendment,  there  were  fifty-five 
votes  cast.  I  will  read  the  vote  from  the  '  Globe  ' : 

"'Yeas  —  Messrs.  Anthony,  Baker,  Bingham,  Cameron, 
Chandler,  Clark,  Collamer,  Dixon,  Doolittle,  Durkee,  Fes- 
senden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  King,  Seward, 
Simmons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
and  Wilson  —  25. 

"  '  Nays —  Messrs.  Bayard,  Benjamin,  Bigler,  Bragg,  Bright, 
Clingman,  Crittenden,  Douglas,  Fitch,  Green,  Gwin,  Hemp- 
hill,  Hunter,  Iverson,  Johnson  of  Arkansas,  Johnson  of  Ten 
nessee,  Kennedy,  Lane,  Latham,  Mason,  Nicholson,  Pearce, 
Polk,  Powell,  Pugh,  Rice,  Saulsbury,  Sebastian,  Slidell,  and 
Wigfall— 30.' 

"The  vote  being  taken  immediately  after,  on  the  Clark 
proposition,  was  as  follows  :  — 


OF  ANDREW  JOHNSON.  437 

"  '  Yeas  —  Messrs.  Anthony,  Baker,  Bingham,  Cameron, 
Chandler,  Clark,  Collamer,  Dixon,  Doolittle,  Durkee,  Fes- 
senden,  Foot,  Foster,  Grimes,  Hale,  Harlan,  King,  Seward, 
Simmons,  Sumner,  Ten  Eyck,  Trumbull,  Wade,  Wilkinson, 
and  Wilson  —  25. 

"  '  Nays  —  Messrs.  Bayard,  Bigler,  Bragg,  Bright,  Cling- 
man,  Crittenden,  Fitch,  Green,  Gwin,  Hunter,  Johnson  of 
Tennessee,  Kennedy,  Lane,  Latham,  Mason,  Nicholson, 
Pearce,  Polk,  Powell,  Pugh,  Rice,  Saulsbury,  and  Sebas 
tian  —  23.' 

"  Six  Senators  retained  their  seats  and  refused  to  vote, 
thus  themselves  allowing  the  Clark  proposition  to  supplant 
the  Crittenden  resolution  by  a  vote  of  twenty-five  to  twenty- 
three.  Mr.  Benjamin  of  Louisiana,  Mr.  Hemphill  and  Mr. 
Wigfall  of  Texas,  Mr.  Iverson  of  Georgia,  Mr.  Johnson  of 
Arkansas,  and  Mr.  Slidell  of  Louisiana,  were  in  their  seats, 
but  refused  to  cast  their  votes." 

I  sat  right  behind  Mr.  Benjamin,  and  I  am  not 
sure  that  my  worthy  friend  was  not  close  by,  when 
he  refused  to  vote,  and  I  said  to  him,  "  Mr.  Ben 
jamin,  why  do  you  not  vote  ?  Why  not  save  this 
proposition,  and  see  if  we  cannot  bring  the  country 
to  it  ?"  He  gave  me  rather  an  abrupt  answer,  and 
said  he  would  control  his  own  action  without  con 
sulting  me  or  anybody  else.  Said  I,  u  Vote,  and 
show  yourself  an  honest  man."  As  soon  as  the 
vote  was  taken,  he  and  others  telegraphed  South, 
"  We  cannot  get  any  compromise."  Here  were 
six  Southern  men  refusing  to  vote,  when  the  amend 
ment  wrould  have  been  rejected  by  four  majority 
if  they  had  voted.  Who,  then,  has  brought  these 
evils  on  the  country?  Was  it  Mr.  Clark?  He 

37* 


438  THE  SPEECHES 

was  acting  out  his  own  policy ;  but  with  the  help 
we  had  from  the  other  side  of  the  Chamber,  if  all 
those  on  this  side  had  been  true  to  the  Constitution 
and  faithful  to  their  constituents,  and  had  acted 
with  fidelity  to  the  country,  the  amendment  of  the 
Senator  from  New  Hampshire  could  have  been 
voted  down,  the  defeat  of  which,  the  Senator  from 
Delaware  says,  would  have  saved  the  country. 
Whose  fault  was  it  ?  Who  is  responsible  for  it  ? 
Who  did  it  ?  Southern  traitors,  as  was  said  in  the 
speech  of  the  Senator  from  California.  They  did 
it.  They  wanted  no  compromise.  They  accom 
plished  their  object  by  withholding  their  votes;  and 
hence  the  country  has  been  involved  in  the  present 
difficulty.  Let  me  read  another  extract  from  this 
speech  of  the  Senator  from  California  :  — 

"I  recollect  full  well  the  joy  that  pervaded  the  faces  of 
some  of  those  gentlemen  at  the  result,  and  the  sorrow  man 
ifested  by  the  venerable  Senator  from  Kentucky,  [Mr.  Crit- 
tenden.]  The  record  shows  that  Mr.  Pugh,  from  Ohio, 
despairing  of  any  compromise  between  the  extremes  of  ultra 
Republicanism  and  disunionists,  working  manifestly  for  the 
same  end,  moved,  immediately  after  the  vote  was  announced, 
to  lay  the  whole  subject  on  the  table.  If  you  will  turn  to 
page  443,  in  the  same  volume,  you  will  find,  when,  at  a  late 
period,  Mr.  Cameron,  from  Pennsylvania,  moved  to  reconsider 
the  vote,  appeals  having  been  made  to  sustain  those  who  were 
struggling  to  preserve  the  peace  of  the  country,  that  the  vote 
was  reconsidered ;  and  when,  at  last,  the  Crittenden  proposi 
tions  were  submitted  on  the  2d  day  of  March,  these  Southern 
States  having  nearly  all  seceded,  they  were  then  lost  by  but 
one  vote.  Here  is  the  vote  :  — 


OF  ANDREW  JOHNSON.  439 

"  *  Yeas  —  Messrs.  Bayard,  Bigler,  Bright,  Crittenden, 
Douglas,  Gwin,  Hunter,  Johnson  of  Tennessee,  Kennedy, 
Lane,  Latham,  Mason,  Nicholson,  Polk,  Pugh,  Rice,  Sebas 
tian,  Thomson,  and  Wigfall  —  19. 

"'Nays  —  Messrs.  Anthony,  Bingham,  Chandler,  Clark, 
Dixon,  Doolittle,  Durkee,  Fessenden,  Foot,  Foster,  Grimes, 
Harlan,  King,  Morrill,  Sumner,  Ten  Eyck,  Trumbull,  Wade, 
Wilkinson,  and  Wilson  —  20.' 

"  If  these  seceding  Southern  Senators  had  remained,  there 
would  have  passed,  by  a  large  vote,  (as  it  did  without  them,) 
an  amendment,  by  a  two-thirds  vote,  forbidding  Congress 
ever  interfering  with  slavery  in  the  States.  The  Crittenden 
proposition  would  have  been  indorsed  by  a  majority  vote,  the 
subject  finally  going  before  the  people,  who  have  never  yet, 
after  consideration,  refused  justice,  for  any  length  of  time,  to 
any  portion  of  the  country. 

"  I  believe  more,  Mr.  President,  that  these  gentlemen  were 
acting  in  pursuance  of  a  settled  and  fixed  plan  to  break  up 
and  destroy  this  Government." 

When  we  had  it  in  our  power  to  vote  down  the 
amendment  of  the  Senator  from  New  Hampshire, 
and  adopt  the  Crittenden  resolutions,  certain  South 
ern  Senators  prevented  it ;  and  yet,  even  at  a  late 
day  of  the  session,  after  they  had  seceded,  the  Crit 
tenden  proposition  was  only  lost  by  one  vote.  If 
rebellion  and  bloodshed  and  murder  have  followed, 
to  whose  skirts  does  the  responsibility  attach  ?  I 
summed  up  all  these  facts  myself  in  a  speech  during 
the  last  session  ;  but  I  have  preferred  to  read  from 
the  speech  of  the  Senator  from  California,  he  being 
better  authority,  and  having  presented  the  facts 
better  than  I  could. 

What  else  was  done  at  the  very  same  session  ? 


440  THE  SPEECHES 

The  House  of  Representatives  passed,  and  sent 
to  this  body,  a  proposition  to  amend  the  Consti 
tution  of  the  United  States,  so  as  to  prohibit  Con 
gress  from  ever  hereafter  interfering  with  the  in 
stitution  of  slavery  in  the  States,  making  that 
restriction  a  part  of  the  organic  law  of  the  land. 
That  constitutional  amendment  came  here  after  the 
Senators  from  seven  States  had  seceded  ;  and  yet  it 
was  passed  by  a  two-thirds  vote  in  the  Senate. 
Have  you  ever  heard  of  any  one  of  the  States 
which  had  then  seceded,  or  which  has  since  se 
ceded,  taking  up  that  amendment  to  the  Constitu 
tion,  and  saying  they  would  ratify  it,  and  make 
it  a  part  of  that  instrument  ?  No.  Does  not  the 
whole  history  of  this  rebellion  tell  you  that  it  was 
revolution  that  the  leaders  wanted,  that  they  started 
for,  that  they  intended  to  have  ?  The  facts  to 
which  I  have  referred  show  how  the  Crittenden  prop 
osition  mi;:ht  have  been  carried ;  and  when  the 
Senators  from  the  slave  States  were  reduced  to  one 
fourth  of  the  members  of  this  body,  the  two  Houses 
passed  a  proposition  to  amend  the  Constitution,  so 
as  to  guarantee  to  the  States  perfect  security  in  re 
gard  to  the  institution  of  slavery  in  all  future  time, 
and  prohibiting  Congress  from  legislating  on  the 
subject. 

But  what  more  was  done  ?  After  Southern  Sen 
ators  had  treacherously  abandoned  the  Constitu 
tion  and  deserted  their  posts  here,  Congress  passed 
bills  for  the  organization  of  three  new  Territories, 


OF  ANDREW  JOHNSON.  441 

Dakota,  Nevada,  and  Colorado  ;  and  in  the  sixth 
section  of  each  of  those  bills,  after  conferring,  af 
firmatively,  power  on  the  Territorial  Legislature, 
it  went  on  to  exclude  certain  powers  by  using  a 
negative  form  of  expression  ;  and  it  provided, 
among  other  things,  that  the  Legislature  should 
have  no  power  to  legislate  so  as  to  impair  the  right 
to  private  property  ;  that  it  should  lay  no  tax  dis 
criminating  against  one  description  of  property  in 
favor  of  another ;  leaving  the  power  on  all  these 
questions  not  in  the  Territorial  Legislature,  but  in 
the  people  when  they  should  come  to  form  a  State 
constitution. 

Now,  I  ask,  taking  the  amendment  to  the  Con 
stitution,  and  taking  the  three  territorial  bills, 
embracing  every  square  inch  of  territory  in  the 
possession  of  the  United  States,  how  much  of  the 
slavery  question  was  left  ?  What  better  compro 
mise  could  have  been  made  ?  Still  we  are  told  that 
matters  might  have  been  compromised,  and  that 
if  we  had  agreed  to  compromise,  bloody  rebellion 
would  not  now  be  abroad  in  the  land.  Sir,  South 
ern  Senators  are  responsible  for  it.  They  stood 
here  with  power  to  accomplish  the  result,  and  yet 
treacherously,  and,  I  may  say,  tauntingly,  they 
left  this  Chamber,  and  announced  that  they  had 
dissolved  their  connection  with  the  Government. 
Then,  when  we  were  left  in  the  hands  of  those 
whom  we  had  been  taught  to  believe  would  en 
croach  upon  our  rights,  they  gave  us,  in  the  consti- 


442  THE  SPEECHES 

tutional  amendment  and  in  the  three  territorial  bills, 
all  that  had  ever  been  asked  ;  and  yet  gentlemen 
talk  about  compromise.  Why  was  not  this  taken 
and  accepted  ? 

No ;  it  was  not  compromise  that  the  leaders 
wanted  ;  they  wanted  power ;  they  wanted  to  de 
stroy  this  Government,  so  that  they  might  have  place 
and  emolument  for  themselves.  They  had  lost  confi 
dence  in  the  intelligence  and  virtue  and  integrity  of 
the  people,  and  their  capacity  to  govern  themselves  ; 
and  they  intended  to  separate  and  form  a  govern 
ment,  the  chief  corner-stone  of  which  should  be 
slavery,  disfranchising  the  great  mass  of  the  people, 
of  which  we  have  seen  constant  evidence,  and  merg 
ing  the  powers  of  government  in  the  hands  of  the 
few.  I  know  what  I  say.  I  know  their  feelings 
and  their  sentiments.  I  served  in  the  Senate  here 
with  them.  I  know  they  were  a  close  corporation, 
that  had  no  more  confidence  in  or  respect  for  the  peo 
ple  than  has  the  Dey  of  Algiers.  I  fought  that  close 
corporation  here.  I  knew  that  they  were  no  friends 
of  the  people.  I  knew  that  Slidell  and  Mason  and 
Benjamin  and  Iverson  and  Toombs  were  the  enemies 
of  free  government,  and  I  know  so  now.  I  com 
menced  the  war  upon  them  before  a  State  seceded  ; 
and  I  intend  to  keep  on  fighting  this  great  battle 
before  the  country  for  the  perpetuity  of  free  govern 
ment.  They  seek  to  overthrow  it,  and  to  establish 
a  despotism  in  its  place.  That  is  the  great  battle 
which  is  upon  our  hands.  The  great  interests  of 


OF  ANDREW  JOHNSON.  443 

civil  liberty  and  free  government  call  upon  every 
patriot  and  every  lover  of  popular  rights  to  come 
forward  and  discharge  his  duty. 

We  see  this  great  struggle ;  we  see  that  the  exer 
cise  of  the  vital  principle  of  government  itself  is  de 
nied  by  those  who  desire  our  institutions  to  be  over 
thrown  and  despotism  established  on  their  ruins. 
If  we  have  not  the  physical  and  moral  courage  to 
exclude  from  our  midst  men  whom  we  believe  to 
be  unsafe  depositaries  of  public  power  and  public 
trust,  —  men  whose  associates  were  rolling  off  hon 
eyed  accents  against  coercion,  and  are  now  in  the 
traitors'  camp,  —  if  we  have  not  the  courage  to  force 
these  men  from  our  midst,  because  we  have  known 
them,  and  have  been  personal  friends  with  them 
for  years,  we  are  not  entitled  to  sit  here  as  Sena 
tors  ourselves.  Can  you  expect  your  brave  men, 
your  officers  and  soldiers  who  are  now  in  "  the 
tented  field,"  subject  to  all  the  hardships  and  pri 
vations  pertaining  to  a  civil  war  like  this,  to  have 
courage,  and  to  march  on  with  patriotism  to  crush 
treason  on  every  battle-field,  when  you  have  not 
the  courage  to  expel  it  from  your  midst?  Set 
those  brave  men  an  example  ;  say  to  them  by  your 
acts  and  voice  that  you  evidence  your  intention  to 
put  down  traitors  in  the  field  by  ejecting  them 
from  your  midst,  without  regard  to  former  associ 
ations. 

I  do  not  say  these  things  in  unkindness.  I  say 
them  in  obedience  to  duty,  a  high  constitutional 


444  THE  SPEECHES 

duty  that  I  owe  to  my  country  ;  yes,  sir,  that  I 
owe  to  my  wife  and  children.  By  your  failure  to 
exercise  the  powers  of  this  Government,  by  your 
failure  to  enforce  the  laws  of  the  Union,  I  am  sep 
arated  from  those  most  clear  to  me.  Pardon  me, 
sir,  for  this  personal  allusion.  My  wife  and  chil 
dren  have  been  turned  into  the  street,  and  my  house 
has  been  turned  into  a  barrack,  and  for  what? 
Because  I  stand  by  the  Constitution  and  the  in 
stitutions  of  the  country  that  I  have  been  taught 
to  love,  respect,  and  venerate.  This  is  my  offence. 
Where  are  my  sons-in-law  ?  One  to-day  is  lying 
in  prison  ;  another  is  forced  to  fly  to  the  mountains 
to  evade  the  pursuit  of  the  hell-born  and  hell-bound 
conspiracy  of  disunion  and  secession  ;  and  when 
their  cries  come  up  here  to  you  for  protection,  we 
are  told,  "  No  ;  I  am  against  the  entire  coercive 
policy  of  the  Government." 

The  speech  of  the  Senator  from  California  the 
other  day  had  the  effect  in  some  degree,  and 
seemed  to  be  intended  to  give  the  question  a  party 
tinge.  If  I  know  myself,  —  although,  as  I  avowed 
before,  I  am  a  Democrat,  and  expect  to  live  and 
die  one,  —  I  know  no  party  in  this  great  struggle 
for  the  existence  of  my  country.  The  argument 
presented  by  the  Senator  from  California  was,  that 
we  need  not  be  in  such  hot  pursuit  of  Mr.  Bright, 
or  those  Senators  who  entertain  his  sentiments, 
who  are  still  here,  because  we  had  been  a  little 
dilatory  in  expelling  other  traitorous  Senators  here- 


OF  ANDREW  JOHNSON.  445 

tofore,  and  he  referred  us  to  the  resolution  of  the 
Senator  from  Maine,1  which  was  introduced  at  the 
special  session  in  March  last,  declaring  that  certain 
Senators  having  withdrawn,  and  their  seats  having 
thereby  become  vacant,  the  Secretary  should  omit 
their  names  from  the  roll  of  the  Senate.  I  know 
there  seemed  to  be  a  kind  of  timidity,  a  kind  of 
fear,  to  make  use  of  the  word  "  expel "  at  that 
time  ;  but  the  fact  that  we  declared  the  seats  vacant, 
and  stopped  there,  did  not  preclude  us  from  after 
wards  passing  a  vote  of  censure.  The  resolution, 
which  was  adopted  in  March,  merely  stated  the  fact 
that  Senators  had  withdrawn,  and  left  their  seats 
vacant.  At  the  next  session  a  resolution  was  in 
troduced  to  expel  the  other  Senators  from  the  se 
ceded  States  who  did  not  attend  in  the  Senate  ;  and 
my  friend  2  moved  to  strike  out  of  that  very  resolu 
tion  the  word  "  expelled,"  and  insert  "vacated  "  ; 
so  that  I  do  not  think  he  ought  to  be  much  offended 
at  it.  I  simply  allude  to  it  to  show  how  easy  it  is 
for  us  to  forget  the  surrounding  circumstances  that 
influenced  our  action  at  the  time  it  took  place.  We 
know  that  a  year  ago  there  was  a  deep  and  abiding 
hope  that  the  rebellion  would  not  progress  as  it  has 
done  ;  that  it  would  cease  ;  and  that  there  might 
be  circumstances  which,  at  one  time,  would  to  some 
extent  justify  us  in  allowing  a  wide  margin  which, 
at  another  period  of  time  would  be  wholly  unjusti 
fiable. 

i  Mr.  Fessenden.  2  Mr.  Latham. 


446  THE  SPEECHES 

All  this,  however,  amounts  to  nothing.  We  have 
a  case  now  before  us  that  requires  our  action,  and 
we  should  act  upon  it  conscientiously  in  view  of 
the  facts  which  are  presented.  Because  we  neg 
lected  to  expel  traitors  before,  and  omitted  to  have 
them  arrested,  and  permitted  them  to  go  away 
freely,  and  afterwards  declared  their  seats  vacant 
because  they  had  gone,  we  are  not  now  prevented 
from  expelling  a  Senator  who  is  not  worthy  to  be 
in  the  Senate.  I  do  not  say  that  other  traitors 
may  not  be  punished  yet.  I  trust  in  God  the  time 
will  come,  and  that  before  long,  when  these  traitors 
can  be  overtaken,  and  we  may  mete  out  to  them 
condign  punishment,  such  as  their  offence  deserves. 
I  know  who  was  for  arresting  them.  I  know  who 
declared  their  conduct  to  be  treason.  Here  in  their 
midst  I  told  them  it  was  treason,  and  they  might 
make  the  best  of  it  they  could. 

Sir,  to  sum  up  the  argument,  I  think  there  is  but 
little  in  the  point  presented  by  the  Senator  from 
New  Jersey,  of  there  being  no  proof  of  the  reception 
of  the  letter ;  and  I  think  I  have  extracted  the  sta 
ple  commodity  entirely  out  of  the  speech  of  the  Sen 
ator  from  Delaware  ;  and  so  far  as  the  force  of 
the  argument,  based  upon  the  Senate  having  at  one 
session  expelled  certain  members,  while  at  the  pre 
vious  session  it  only  vacated  their  seats,  is  concerned, 
I  think  the  Senator  from  California  answers  that 
himself.  As  to  the  polished  and  ingenious  state 
ment  of  the  case  made  by  the  Senator  from  New 


OF  ANDREW  JOHNSON".  447 

York,1  I  think  I  have  answered  that  by  putting  the 
case  upon  a  different  basis  from  the  one  presented 
by  him,  which  seems  to  control  his  action. 

Mr.  President.  I  have  alluded  to  the  talk  about 
compromise.  If  I  know  myself,  there  is  no  one  who 
desires  the  preservation  of  this  Government  more 
than  I  do  ;  and  I  think  I  have  given  as  much  evi 
dence  as  mortal  man  could  give  of  my  devotion  to 
the  Union.  My  property  has  been  sacrificed ;  my 
wife  and  children  have  been  turned  out-of-doors  ; 
my  sons  have  been  imprisoned  ;  my  son-in-law  has 
had  to  run  to  the  mountains ;  I  have  sacrificed  a 
large  amount  of  bonds  in  trying  to  give  some  evi 
dence  of  my  devotion  to  the  Government  under 
which  I  was  raised.  I  have  attempted  to  show  you 
that,  on  the  part  of  the  leaders  of  this  rebellion,  there 
was  no  desire  to  compromise :  compromise  was  not 
what  they  wanted  ;  and  now  the  great  issue  before 
the  country  is  the  perpetuation  or  the  destruction 
of  free  government.  I  have  shown  how  the  resolu 
tion  of  the  venerable  Senator  from  Kentucky  2  was 
defeated,  and  that  Southern  men  are  responsible  for 
that  defeat,  —  six  sitting  in  their  places  and  refusing 
to  vote.  His  proposition  was  only  lost  by  two 
votes  ;  and  in  the  end,  when  the  seceders  had  gone, 
by  only  one.  Well  do  I  remember,  as  was  described 
by  the  Senator  from  California,  the  sadness,  the 
gloom,  the  anguish  that  played  over  his  venerable 
face  when  the  result  was  announced^  and  I  went 

1  Mr.  Harris.  2  Mr.  Crittenden. 


448  THE  SPEECHES 

across  the  Chamber,  and  told  him  that  here  were 
men  refusing  to  vote,  and  that  to  me  was  adminis 
tered  a  rebuke  by  one  of  them  for  speaking  to  him 
on  the  subject, 

Now,  the  Senator  from  Delaware  tells  us  that  if 
that  compromise  had  been  made,  all  these  conse 
quences  would  have  been  avoided.  It  is  a  mere 
pretence  ;  it  is  false.  Their  object  was  to  overturn 
the  Government.  If  they  could  not  get  the  control 
of  this  Government,  they  were  willing  to  divide  the 
country  and  govern  a  part  of  it.  Talk  not  of  com 
promise  now.  What,  sir,  compromise  with  traitors 
with  arms  in  their  hands  !  Talk  about  "  our 
Southern  brethren"  when  they  present  their  swords 
at  your  throat  and  their  bayonets  at  your  bosoms  ! 
Is  this  a  time  to  talk  about  compromise  ?  Let  me 
say,  and  I  regret  that  I  have  to  say  it,  that  there  is 
but  one  way  to  compromise  this  matter,  and  that  is 
to  crush  the  leaders  of  this  rebellion  and  put  down 
treason.  You  have  got  to  subdue  them  ;  you  have 
got  to  conquer  them  ;  and  nothing  but  the  sacrifice 
of  life  and  blood  will  do  it.  The  issue  is  made. 
The  leaders  of  rebellion  have  decreed  eternal  separa 
tion  between  you  and  them.  Those  leaders  must 
be  conquered,  and  a  new  set  of  men  brought  forward 
who  are  to  vitalize  and  develop  the  Union  feeling  in 
the  South.  You  must  show  your  courage  here  as 
Senators,  and  impart  it  to  those  who  are  in  the  field. 
If  you  were  now  to  compromise,  they  would  believe 
that  they  could  whip  you  one  to  five,  and  you  could 


OF  ANDREW  JOHNSON.  449 

not  live  in  peace  six  months,  or  even  three  months. 
Settle  the  question  now  ;  settle  it  well  ;  settle  it 
finally;  crush  out  the  rebellion  and  punish  the 
traitors.  I  want  to  see  peace,  and  I  believe  that  is 
the  shortest  way  to  get  it.  Blood  must  be  shed,  life 
must  be  sacrificed,  and  you  may  as  well  begin  at 
first  as  last.  I  only  regret  that  the  Government  has 
been  so  tardy  in  its  operations.  I  wish  the  issue 
had  been  met  sooner.  I  believe  that  if  we  had  seen 
as  much  in  the  beginning  as  we  see  to-day,  this 
rebellion  would  have  been  wound  up  and  peace 
restored  to  the  land  by  this  time. 

But  let  us  go  on  ;  let  us  encourage  the  Army  and 
the  Navy  ;  let  us  vote  the  men  and  the  means  ne 
cessary  to  vitalize  and  to  bring  into  requisition  the 
enforcing  and  coercive  power  of  the  Government ; 
let  us  crush  out  the  rebellion,  and  anxiously  look 
forward  to  the  day  —  God  grant  it  may  come  soon 
—  when  that  baleful  comet  of  fire  and  of  blood  that 
now  hovers  over  this  distracted  people  may  be  chased 
away  by  the  benignant  star  of  peace.  Let  us  look 
forward  to  the  time  when  we  can  take  the  flag,  the 
glorious  flag  of  our  country,  and  nail  it  below  the 
cross,  and  there  let  it  wave  as  it  waved  in  the  olden 
time,  and  let  us  gather  around  it,  and  inscribe  as  our 
motto,  "  Liberty  and  Union,  now  and  forever,  one 
and  inseparable."  Let  us  gather  around  it,  and 
while  it  hangs  floating  beneath  the  cross,  let  us 
exclaim,  "  Christ  first,  our  country  next."  Oh,  how 
gladly  rejoiced  I  should  be  to  see  the  dove  return- 

38* 


450  THE  SPEECHES 

ing  to  the  ark  with  the  olive-leaf,  indicating  that 
land  was  found,  and  that  the  mighty  waters  had 
abated.  I  trust  the  time  will  soon  come  when  we 
can  do  as  they  did  in  the  olden  times,  when  the 
stars  sang  together  in  the  morning,  and  all  creation 
proclaimed  the  glory  of  God.  Then  let  us  do  our 
duty  in  the  Senate  and  in  the  councils  of  the  nation, 
and  thereby  stimulate  our  brave  officers  and  soldiers 
to  do  theirs  in  the  field. 

Mr.  President,  I  have  occupied  the  attention  of 
the  Senate  much  longer  than  I  intended.  In  view 
of  the  whole  case,  without  personal  unkind  feeling 
towards  the  Senator  from  Indiana,  I  am  of  opinion 
that  duty  to  myself,  duty  to  my  family,  duty  to  the 
Constitution,  duty  to  the  country,  obedience  to  the 
public  judgment,  all  require  me  to  cast  my  vote  to 
expel  Mr.  Bright  from  the  Senate,  and  when  the 
occasion  arrives  I  shall  so  record  my  vote. 


OF  ANDREW  JOHNSON.  451 


APPEAL  TO  THE  PEOPLE  OF  TENNESSEE. 

FELLOW-CITIZENS  :  Tennessee  assumed  the  form 
of  a  body  politic,  as  one  of  the  United  States  of 
America,  in  the  year  seventeen  hundred  and  ninety- 
six,  at  once  entitled  to  all  the  privileges  of  the  Fed 
eral  Constitution,  and  bound  by  all  its  obligations. 
For  nearly  sixty-five  years  she  continued  in  the  en 
joyment  of  all  her  rights,  and  in  the  performance 
of  all  her  duties,  one  of  the  most  loyal  and  devoted 
of  the  sisterhood  of  States.  She  had  been  honored 
by  the  elevation  of  two  of  her  citizens  to  the  highest 
place  in  the  gift  of  the  American  people,  and  a  third 
had  been  nominated  for  the  same  high  office,  who 
received  a  liberal  though  ineffective  support.  Her 
population  had  rapidly  and  largely  increased,  and 
their  moral  and  material  interests  correspondingly 
advanced.  Never  was  a  people  more  prosperous, 
contented,  and  happy  than  the  people  of  Tennessee 
under  the  Government  of  the-  United  States,  and 
none  less  burdened  for  the  support  of  the  authority 
by  which  they  were  protected.  They  felt  their 
Government  only  in  the  conscious  enjoyment  of  the 
benefits  it  conferred  and  the  blessings  it  bestowed. 

Such  was  our  enviable  condition  until  within  the 


452  THE  SPEECHES 

year  just  past,  when,  under  what  baneful  influences 
it  is  not  my  purpose  now  to  inquire,  the  authority  of 
the  Government  was  set  at  defiance,  and  the  Con 
stitution  and  laws  contemned,  by  a  rebellious,  armed 
force.  Men  who,  in  addition  to  the  ordinary  privi 
leges  and  duties  of  the  citizen,  had  enjoyed  largely 
the  bounty  and  official  patronage  of  the  Government, 
and  had,  by  repeated  oaths,  obligated  themselves 
to  its  support,  with  sudden  ingratitude  for  the 
bounty  and  disregard  of  their  solemn  obligation, 
engaged,  deliberately  and  ostentatiously,  in  the  ac 
complishment  of  its  overthrow.  Many,  accustomed 
to  defer  to  their  opinions  and  to  accept  their  guid 
ance,  and  others,  carried  away  by  excitement  or 
overawed  by  seditious  clamor,  arrayed  themselves 
under  their  banners,  thus  organizing  a  treasonable 
power,  which,  for  the  time  being,  stifled  and  sup 
pressed  the  authority  of  the  Federal  Government. 

In  this  condition  of  affairs  it  devolved  upon  the 
President,  bound  by  his  official  oath  to  preserve, 
protect,  and  defend  the  Constitution,  and  charged  by 
the  law  with  the  duty  of  suppressing  insurrection 
and  domestic  violence,  to  resist  and  repel  this  rebel 
lious  force  by  the  military  arm  of  the  Government, 
and  thus  to  reestablish  the  Federal  authority.  Con 
gress,  assembling  at  an  early  day,  found  him  en 
gaged  in  the  active  discharge  of  this  momentous 
and  responsible  trust.  That  body  came  promptly 
to  his  aid,  and  while  supplying  him  with  treasure 
and  arms  to  an  extent  that  would  previously  have 


OF  ANDREW  JOHNSON.'  453 

been  considered  fabulous,  they,  at  the  same  time, 
with  almost  absolute  unanimity,  declared  u  that  this 
war  is  not  waged  on  their  part  in  any  spirit  of 
oppression,  nor  for  any  purpose  of  conquest  or  sub 
jugation,  nor  purpose  of  overthrowing  or  interfer 
ing  with  the  rights  or  the  established  institutions  of 
these  States  ;  but  to  defend  and  maintain  the  suprem 
acy  of  the  Constitution  and  to  preserve  the  Union, 
with  all  the  dignity,  equality,  and  rights  of  the  sev 
eral  States  unimpaired  ;  and  that  as  soon  as  these 
objects  are  accomplished,  the  war  ought  to  cease." 
In  this  spirit,  and  by  such  cooperation,  has  the  Pres 
ident  conducted  this  mighty  conquest,  until,  as 
Commander-in-Chief  of  the  Army,  he  has  caused  the 
national  flag  again  to  float  undisputed  over  the  capi- 
tol  of  our  State.  Meanwhile  the  State  government 
has  disappeared.  The  Executive  has  abdicated ;  the 
Legislature  has  dissolved  ;  the  Judiciary  is  in  abey 
ance.  The  great  ship  of  state,  freighted  with  its 
precious  cargo  of  human  interests  and  human  hopes, 
its  sails  all  set,  and  its  glorious  old  flag  unfurled,  has 
been  suddenly  abandoned  by  its  officers  and  muti 
nous  crew,  and  left  to  float  at  the  mercy  of  the  winds, 
and  to  be  plundered  by  every  rover  upon  the  deep. 
Indeed  the  work  of  plunder  has  already  commenced. 
The  archives  have  been  desecrated ;  the  public 
property  stolen  and  destroyed ;  the  vaults  of  the 
State  Bank  violated,  and  its  treasures  robbed,  in 
cluding  the  funds  carefully  gathered  and  consecrated 
for  all  time  to  the  instruction  of  our  children. 


454  THE  SPEECHES 

In  such  a  lamentable  crisis  the  Government  of 
the  United  States  could  not  be  unmindful  of  its 
high  constitutional  obligation  to  guarantee  to  every 
State  in  this  Union  a  republican  form  of  govern 
ment,  an  obligation  which  every  State  has  a  direct 
and  immediate  interest  in  having  observed  towards 
every  other  State  ;  and  from  which,  by  no  action  on 
the  part  of  the  people  in  any  State,  can  the  Federal 
Government  be  absolved.  A  republican  form  of 
government,  in  consonance  with  the  Constitution  of 
the  United  States,  is  one  of  the  fundamental  con 
ditions  of  our  political  existence,  by  which  every 
part  of  the  country  is  alike  bound,  and  from  which 
no  part  can  escape.  This  obligation  the  national 
Government  is  now  attempting  to  discharge.  I  have 
been  appointed,  in  the  absence  of  the  regular  and 
established  State  authorities,  as  Military  Governor 
for  the  time  being,  to  preserve  the  public  property 
of  the  State,  to  give  the  protection  of  law  actively 
enforced  to  her  citizens,  and,  as  speedily  as  may  be, 
to  restore  her  government  to  the  same  condition  as 
before  the  existing  rebellion. 

In  this  grateful  but  arduous  undertaking,  I  shall 
avail  myself  of  all  the  aid  that  may  be  afforded  by 
my  fellow-citizens.  And  for  this  purpose  I  respect 
fully  but  earnestly  invite  all  the  people  of  Tennes 
see,  desirous  or  willing  to  see  a  restoration  of  her 
ancient  government,  without  distinction  of  party 
affiliations  or  past  political  opinions  or  action,  to 
unite  with  me,  by  counsel  and  cooperative  agency, 


OF  ANDREW  JOHNSON.  455 

to  accomplish  this  great  end.  I  find  most,  if  not  all 
of  the  offices,  both  State  and  Federal,  vacated,  either 
by  actual  abandonment,  or  by  the  action  of  the  in 
cumbents  in  attempting  to  subordinate  their  func 
tions  to  a  power  in  hostility  to  the  fundamental  law 
of  the  State,  and  subversive  of  her  national  alle 
giance.  These  offices  must  be  filled  temporarily, 
until  the  State  shall  be  restored  so  far  to  its  accus 
tomed  quiet,  that  the  people  can  peaceably  assemble 
at  the  ballot-box  and  select  agents  of  their  own 

55 

choice.  Otherwise  anarchy  would  prevail,  and  no 
man's  life  or  property  would  be  safe  from  the  desper 
ate  and  unprincipled. 

I  shall  therefore,  as  early  as  practicable,  designate 
for  various  positions  under  the  State  and  county 
governments,  from  among  my  fellow-citizens,  per 
sons  of  probity  and  intelligence,  and  bearing  true 
allegiance  to  the  Constitution  and  Government  of 
the  United  States,  who  will  execute  the  functions 
of  their  respective  offices  until  their  places  can  be 
filled  by  the  action  of  the  people.  Their  authority, 
when  their  appointment  shall  have  been  made,  will 
be  accordingly  respected  and  observed. 

To  the  people  themselves  the  protection  of  the 
Government  is  extended.  All  their  rio-hts  will  be 

O 

duly  respected,  and  their  wrongs  redressed  when 
made  known.  Those  who  through  the  dark  and 
weary  night  of  the  rebellion  have  maintained  their 
allegiance  to  the  Federal  Government  will  be  hon 
ored.  The  erring  and  misguided  will  be  welcomed 


456  THE   SPEECHES 

on  their  return.  And  while  it  may  become  neces 
sary,  in  vindicating  the  violated  majesty  of  the  law, 
and  in  reasserting  its  imperial  sway,  to  punish  intelli 
gent  and  conscious  treason  in  high  places,  no  merely 
retaliatory  or  vindictive  policy  will  be  adopted.  To 
those  especially  who,  in  a  private,  unofficial  capac 
ity,  have  assumed  an  attitude  of  hostility  to  the  Gov 
ernment,  a  full  and  complete  amnesty  for  all  past 
acts  and  declarations  is  offered,  upon  the  one  condi 
tion  of  their  again  yielding  themselves  peaceful  citi 
zens  to  the  just  supremacy  of  the  laws.  This  I  advise 
them  to  do  for  their  own  good,  and  for  the  peace  and 
welfare  of  our  beloved  State,  endeared  to  me  by  the 
associations  of  long  and  active  years,  and  by  the  en 
joyment  of  her  highest  honors. 

And  appealing  to  my  fellow-citizens  of  Tennessee, 
I  point  you  to  my  long  public  life  as  a  pledge  for 
the  sincerity  of  my  motives,  and  an  earnest  for  the 
performance  of  my  present  and  future  duties. 


OF  ANDREW  JOHNSON.  457 


INAUGURAL  ADDRESS. 

DELIVERED  IN  THE  SENATE  OF  THE   UNITED   STATES,  MARCH  4,  1865. 

SENATORS  :  I  am  here  to-day  as  the  chosen  Vice- 
President  of  the  United  States  ;  and  as  such,  by 
constitutional  provision,  I  am  made  the  presiding 
officer  of  this  body.  I  therefore  present  myself 
here  in  obedience  to  the  high  behests  of  the  Ameri 
can  people,  to  discharge  a  constitutional  duty,  and 
not  presumptuously  to  thrust  myself  in  a  position  so 
exalted.  May  I  at  this  moment  —  it  may  not  be 
irrelevant  to  the  occasion  —  advert  to  the  workings 
of  our  institutions  under  the  Constitution  which  our 
fathers  framed  and  Washington  approved,  as  ex 
hibited  by  the  position  in  which  I  stand  before  the 
American  Senate,  in  the  sight  of  the  American 
people  ?  Deem  me  not  vain  or  arrogant ;  yet  I 
should  be  less  than  man  if  under  such  circum 
stances  I  were  not  proud  of  being  an  American 
citizen,  for  to-day  one  who  claims  no  high  descent, 
one  who  comes  from  the  ranks  of  the  people,  stands, 
by  the  choice  of  a  free  constituency,  in  the  second 
place  of  this  Government.  There  may  be  those 
to  whom  such  things  are  not  pleasing ;  but  those 
39 


458  THE   SPEECHES 

wlio  have  labored  for  the  consummation  of  a  free 
Government  will  appreciate  and  cherish  institu 
tions  which  exclude  none,  however  obscure  his 
origin,  from  places  of  trust  and  distinction.  The 
people,  in  short,  are  the  source  of  all  power.  You, 
Senators,  you  who  constitute  the  bench  of  the 
Supreme  Court  of  the  United  States,  are  but  the 
creatures  of  the  American  people  ;  your  exaltation 
is  from  them ;  the  power  of  this  Government  con 
sists  in  its  nearness  and  approximation  to  the  great 
mass  of  the  people.  You,  Mr.  Secretary  Seward, 
Mr.  Secretary  Stanton,  the  Secretary  of  the  Navy, 
and  the  others  who  are  your  associates,  —  you 
know  that  you  have  my  respect  and  my  confidence, 
—  derive  not  your  greatness  and  your  power  alone 
from  President  Lincoln.  Humble  as  I  am,  ple 
beian  as  I  may  be  deemed,  permit  me  in  the  pres 
ence  of  this  brilliant  assemblage  to  enunciate  the 
truth  that  courts  and  cabinets,  the  President  and 
his  advisers,  derive  their  power  and  their  great 
ness  from  the  people.  A  President  could  not  exist 
here  forty-eight  hours  if  he  were  as  far  removed 
from  the  people  as  the  autocrat  of  Russia  is  sepa 
rated  from  his  subjects.  Here  the  popular  heart 
sustains  President  and  cabinet  officers  ;  the  popular 
will  gives  them  all  their  strength.  Such  an  asser 
tion  of  the  great  principles  of  this  Government  may 
be  considered  out  of  place,  and  I  will  not  consume 
the  time  of  these  intelligent  and  enlightened  people 
much  longer ;  but  I  could  not  be  insensible  to  these 


OF  ANDREW  JOHNSON.  459 

great  truths  when  I,  a  plebeian,  elected  by  the  people 
the  Vice -President  of  the  United  States,  am  here 
to  enter  upon  the  discharge  of  my  duties.  For  those 
duties  I  claim  not  the  aptitude  of  my  respected  pred 
ecessor.  Although  I  have  occupied  a  seat  in  both 
the  House  of  Representatives  and  the  Senate,  I  am 
not  learned  in  parliamentary  law,  and  I  shall  be 
dependent  on  the  courtesy  of  those  Senators  who 
have  become  familiar  with  the  rules  which  are  req 
uisite  for  the  good  order  of  the  body  and  the  dis 
patch  of  its  business.  I  have  only  studied  how  I 
may  best  advance  the  interests  of  my  State  and  of 
my  country,  and  not  the  technical  rules  of  order  ; 
and  if  I  err  I  shall  appeal  to  this  dignified  body  of 
representatives  of  States  for  kindness  and  indul 
gence. 

Before  I  conclude  this  brief  inaugural  address  in 
the  presence  of  this  audience,  —  and  I,  though  a 
plebeian  boy,  am  authorized  by  the  principles  of  the 
Government  under  which  I  live  to  feel  proudly  con 
scious  that  I  am  a  man,  and  grave  dignitaries  are 
but  men,  —  before  the  Supreme  Court,  the  represen 
tatives  of  foreign  governments,  Senators,  and  the 
people,  I  desire  to  proclaim  that  Tennessee,  whose 
representative  I  have  been,  is  free.  She  has  bent 
the  tyrant's  rod,  she  has  broken  the  yoke  of  slavery, 
and  to-day  she  stands  redeemed.  She  waited  not 
for  the  exercise  of  power  by  Congress  ;  it  was  her 
own  act,  and  she  is  now  as  loyal,  Mr.  Attorney- 
General,  as  is  the  State  from  which  you  came.  It 


460        THE  SPEECHES   OF  ANDREW  JOHNSON. 

is  the  doctrine  of  the  Federal  Constitution  that  no 
State  can  go  out  of  this  Union  ;  and  moreover  Con 
gress  cannot  reject  a  State  from  this  Union.  Thank 
God,  Tennessee  has  never  been  out  of  the  Union  ! 
It  is  true  the  operations  of  her  government  were  for 
a  time  interrupted ;  there  was  an  interregnum ; 
but  she  is  still  in  the  Union,  and  I  am  her  represen 
tative.  This  day  she  elects  her  Governor  and  her 
Legislature,  which  will  be  convened  on  the  first 
Monday  of  April,  and  again  her  Senators  and  Rep 
resentatives  will  soon  mingle  with  those  of  her 
sister  States  ;  and  who  shall  gainsay  it  ?  for  the  Con 
stitution  requires  that  to  every  State  shall  be  guaran 
teed  a  republican  form  of  government. 

I  now  am  prepared  to  take  the  oath  of  office,  and 
renew  my  allegiance  to  the  Constitution  of  the 
United  States. 


APPENDIX. 


IN   THE   SENATE   OF   THE   UNITED    STATES,   THIRTY-SIXTH    CONGRESS, 
SECOND    SESSION,   DECEMBER   13,   1860. 

Mr.  JOHNSON  of  Tennessee  asked,  and  by  unanimous  con 
sent  obtained,  leave  to  bring  in  the  following  joint  resolution  ; 
which  was  read  and  passed  to  a  second  reading,  and  ordered 
to  be  printed. 

JOINT     RESOLUTION     PROPOSING     AMENDMENTS     TO     THE 
CONSTITUTION     OF     THE     UNITED     STATES. 

Whereas  the  fifth  article  of  the  Constitution  of  the 
United  States  provides  for  amendments  thereto,  in  the 
manner  following,  viz:  "1.  Congress,  whenever  two 
thirds  of  both  Houses  shall  deem  it  necessary,  shall  pro 
pose  amendments  to  this  Constitution,  or  on  the  appli 
cation  of  the  legislatures  of  two  thirds  of  the  several 
States  shall  call  a  convention  for  proposing  amendments, 
which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  this  Constitution,  when  ratified  by 
the  legislatures  of  three  fourths  of  the  several  States, 
or  by  conventions  in  three  fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by 
Congress ;  provided  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight,  shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  article ;  and  that 
39* 


462  APPENDIX. 

no  State,  without  its  consent,  shall  be  deprived  of  its 
equal  suffrage  in  the  Senate " :  Therefore, 

Be  it  resolved  by  the  Senate  and  House  of  Representa 
tives  of  the  United  States  of  America  in  Congress  as- 
sembled,  two  thirds  of  both  Houses  concurring,  That  the 
following  amendments  to  the  Constitution  of  the  United 
States  be  proposed  to  the  legislatures  of  the  several 
States,  which  when  ratified  by  the  legislatures  of  three 
fourths  of  the  States,  shall  be  valid  to  all  intents  and 
purposes  as  part  of  the  Constitution  :  — 

That  hereafter  the  President  and  Vice-President  of 
the  United  States  shall  be  chosen  by  the  people  of  the 
respective  States,  in  the  manner  following :  —  Each 
State  shall  be  divided,  by  the  legislature  thereof,  in 
districts  equal  in  number  to  the  whole  number  of  Sen 
ators  and  Representatives  to  which  such  State  may  be 
entitled  in  the  Congress  of  the  United  States ;  the  said 
districts  to  be  composed  of  contiguous  territory,  and  to 
contain,  as  nearly  as  may  be,  an  equal  number  of  per 
sons  entitled  to  be  represented  under  the  Constitution, 
and  to  be  laid  off,  for  the  first  time,  immediately  after 
the  ratification  of  this  amendment,  and  afterwards,  at 
the  session  of  the  legislature  next  ensuing  the  appor 
tionment  of  representatives  by  the  Congress  of  the 
United  States :  that,  on  the  first  Thursday  in  August, 
in  the  year  eighteen  hundred  and  sixty-four,  and  on 
the  same  day  every  fourth  year  thereafter,  the  citizens 
of  each  State  who  possess  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State 
legislatures,  shall  meet  within  their  respective  districts, 
and  vote  for  a  President  and  Vice-President  of  the 
United  States;  and  the  person  receiving  the  greatest 


APPENDIX.  463 

number  of  votes  for  President,  and  the  one  receiving 
the  greatest  number  of  votes  for  Vice-President  in  each 
district,  shall  be  holden  to  have  received  one  vote; 
which  fact  shall  be  immediately  certified  by  the  Gov 
ernor  of  the  State,  to  each  of  the  Senators  in  Congress 
from  such  State,  and  to  the  President  of  the  Senate 
and  the  Speaker  of  the  House  of  Representatives.  The 
Congress  of  the  United  States  shall  be  in  session  on  the 
second  Monday  in  October,  in  the  year  eighteen  hun 
dred  and  sixty-four,  and  on  the  same  day  on  every 
fourth  year  thereafter;  and  the  President  of  the  Sen 
ate,  in  the  presence  of  the  Senate  and  House  of  Repre 
sentatives,  shall  open  all  the  certificates,  and  the  votes 
shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  President,  if 
such  number  be  equal  to  a  majority  of  the  whole  num 
ber  of  votes  given  ;  but  if  no  person  have  such  majority, 
then  a  second  election  shall  be  held  on  the  first  Thurs 
day  in  the  mouth  of  December  then  next  ensuing,  be 
tween  the  persons  having  the  two  highest  numbers  for 
the  office  of  President;  which  second  election  shall  be 
conducted,  the  result  certified,  and  the  votes  counted, 
in  the  same  manner  as  in  the  first ;  and  the  person 
having  the  greatest  number  of  votes  for  President, 
shall  be  President.  But,  if  two  or  more  persons  shall 
have  received  the  greatest,  and  an  equal  number  of 
votes,  at  the  second  election,  then  the  person  who  shall 
have  received  the  greatest  number  of  votes  in  the  great 
est  number  of  States,  shall  be  President.  The  person 
having  the  greatest  number  of  votes  for  Vice-President, 
at  the  first  election,  shall  be  Vice-President,  if  such 
number  be  equal  to  a  majority  of  the  whole  number  of 


464  APPENDIX. 

votes  given ;  and  if  no  person  have  such  majority,  then 
a  second  election  shall  take  place  between  the  persons 
having  the  two  highest  numbers,  on  the  same  day  that 
the  second  election  is  held  for  President ;  and  the  per 
son  having  the  highest  number  of  the  votes  for  Vice- 
President,  shall  be  Vice-President.  But  if  there  should 
happen  to  be  an  equality  of  votes  between  the  persons 
so  voted  for  at  the  second  election,  then  the  person 
having  the  greatest  number  of  votes  in  the  greatest 
number  of  States,  shall  be  Vice-President.  But  when 
a  second  election  shall  be  necessary  in  the  case  of  Vice- 
President,  and  not  necessary  in  the  case  of  President, 
then  the  Smate  shall  choose  a  Vice-President  from 
the  persons  having  the  two  highest  numbers  in  the 
first  election,  as  is  now  prescribed  in  the  Constitution: 
Provided,  That  the  President  to  be  elected  in  the  year 
eighteen  hundred  and  sixty-four,  shall  be  chosen  from 
one  of  the  slaveholding  States,  and  the  Vice-President 
from  one  of  the  non-slavehelding  States ;  and,  in  the 
year  eighteen  hundred  arid  sixty-eight,  the  President 
shall  be  chosen  from  one  of  the  non-slaveholding  States, 
and  the  Vice-President  from  one  of  the  slaveholding 
States,  and  so  alternating  the  President  and  Vice- 
President  every  four  years  between  the  slaveholding 
and  the  non-slaveholding  States,  during  the  continuance 
of  the  Government. 

SEC.  2.  And  be  it  further  resolved,  That  article  one, 
section  three,  be  amended  by  striking  out  the  word 
"  legislature,"  and  inserting  in  lieu  thereof  the  following 
words,  viz :  "persons  qualified  to  vote  for  members  of 
the  most  numerous  branch  of  the  legislature,"  so  as  to 
make  the  third  section  of  said  article,  when  ratified  by 
three  fourths  of  the  States,  read  as  follows,  to  wit :  — 


APPENDIX.  465 

The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  persons 
qualified  to  vote  for  the  members  of  the  most  numerous 
branch  of  the  legislature  thereof,  for  six  years,  and  each 
Senator  shall  have  one  vote. 

SEC.  3.  And  be  it  further  resolved,  That  article  three, 
section  one,  be  amended  by  striking  out  the  words 
"good  behavior,"  and  inserting  the  following  words, 
viz :  "  the  term  of  twelve  years."  And  further,  that 
said  article  and  section  be  amended  by  adding  the  follow 
ing  thereto,  viz :  "  and  it  shall  be  the  duty  of  the  Presi 
dent  of  the  United  States,  within  twelve  months  after 
the  ratification  of  this  amendment  by  three  fourths  of 
all  the  States,  as  provided  by  the  Constitution  of  the 
United  States,  to  divide  the  whole  number  of  judges, 
as  near  as  may  be  practicable,  into  three  classes.  The 
seats  of  the  judges  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  fourth  year  from  such  classifica 
tion  ;  of  the  second  class,  at  the  expiration  of  the  eighth 
year;  and  of  the  third  class,  at  the  expiration  of  the 
twelfth  year,  so  that  one  third  may  be  chosen  every 
fourth  year  thereafter." 

The  article  as  amended  will  read  as  follows :  — 

ARTICLE  3.  —  SECTION  1.  The  judicial  power  of  the 
United  States  shall  be  vested  in  one  Supreme  Court, 
and  in  such  inferior  courts  as  the  Congress,  from  time 
to  time,  may  ordain  and  establish.  The  judges,  both 
of  the  Supreme  and  inferior  courts,  shall  hold  their 
offices  during  the  term  of  twelve  years,  and  shall,  at 
stated  times,  receive  for  their  services  a  compensation, 
which  shall  not  be  diminished  during  their  continuance 
in  office.  And  it  shall  be  the  duty  of  the  President  of 


466  APPENDIX. 

the  United  States,  within  twelve  months  after  the  rati 
fication  of  this  amendment  by  three  fourths  of  all  the 
States,  as  provided  by  the  Constitution  of  the  United 
States,  to  divide  the  whole  number  of  judges,  as  near 
as  may  be  practicable,  into  three  classes.  The  seats 
of  the  judges  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  fourth  year  from  such  classification  ; 
of  the  second  class,  at  the  expiration  of  the  eighth 
year ;  and  of  the  third  class,  at  the  expiration  of  the 
twelfth  year,  so  that  one  third  may  be  chosen  every 
fourth  year  thereafter:  Provided,  however.  That  all 
vacancies  occurring  under  the  provisions  of  this  section 
shall  be  filled  by  persons,  one  half  of  whom  shall  be 
chosen  from  the  slaveholding  States,  and  the  other  half 
with  persons  chosen  from  the  non-slaveholding  States ; 
so  that  the  Supreme  Court  will  be  equally  divided 
between  the  slaveholding  and  the  non-slaveholding 
States. 


RECEPTION   OF    THE    ILLINOIS    DELE 
GATION. 

ON  the  18th  of  April,  1865,  a  delegation  of  citizens  of 
Illinois  paid  their  respects  to  President  Johnson,  at  his 
rooms  in  the  Treasury  Building. 

Governor  Oglesby  presented  the  delegation,  and  made 
the  subjoined  address  :  — 

MR.  PRESIDENT  :  I  take  much  pleasure  in  present 
ing  to  you  this  delegation  of  the  citizens  of  Illinois,  rep 
resenting  almost  every  portion  of  the  State.  We  are 
drawn  together  by  the  mournful  events  of  the  past  few 
days,  to  give  some  feeble  expression  to  the  feelings  we, 


APPENDIX.  467 

in  common  with  the  whole  nation,  realize  as  pressing  us 
to  the  earth,  by  appropriate  and  respectful  ceremonies. 
We  thought  it  not  inappropriate  before  we  should  sepa 
rate,  even  in  this  sad  hour,  to  seek  this  interview  with 
your  Excellency,  that,  while  the  bleeding  heart  is  pour 
ing  out  its  mournful  anguish  over  the  death  of  our  be 
loved  late  President,  the  idol  of  our  State  and  the  pride 
of  the  whole  country,  we  may  earnestly  express  to  you, 
the  living  head  of  this  nation,  our  deliberate,  full,  and 
abiding  confidence  in  you  as  the  one  who,  in  these  dark 
hours,  must  bear  upon  yourself  the  mighty  responsibility 
of  maintaining,  defending,  and  directing  its  affairs.  In 
the  midst  of  this  sadness,  through  the  oppressive  gloom 
that  surrounds  us,  we  look  to  you  and  to  a  bright  future 
for  our  country.  The  assassination  of  the  President  of 
the  United  States  deeply  depresses  and  seriously  aggra 
vates  the  entire  nation  ;  but  under  our  blessed  Constitu 
tion  it  does  not  delay,  nor  for  any  great  length  of  time 
retard,  its  progress ;  does  not  for  an  instant  disorganize 
or  threaten  its  destruction.  The  record  of  your  whole 
past  life,  familiar  to  all,  the  splendor  of  your  recent  gigan 
tic  efforts  to  stay  the  hand  of  treason  and  assassination, 
and  restore  the  flag  to  the  uttermost  bounds  of  the  Re 
public,  assure  that  noble  State  which  we  represent,  and. 
we  believe,  the  people  of  the  United  States,  that  we  may 
safely  trust  our  destinies  in  your  hands  ;  and  to  this  end 
we  come,  in  the  name  of  the  State  of  Illinois,  and,  we 
confidently  believe,  fully  and  faithfully  expressing  the 
wishes  of  our  people,  to  present  and  pledge  to  you  the 
cordial,  earnest,  and  unremitting  purpose  of  our  State  to 
give  your  administration  the  strong  support  we  have 
heretofore  given  to  the  administration  of  our  lamented 


468  APPENDIX. 

late  President,  the  policy  of  whom  we  have  heretofore, 
do  now,  and  shall  continue  to  endorse. 

THE  PRESIDENT'S  REPLY. 

President  Johnson  replied  as  follows  :  — 
GENTLEMEN  :  I  have  listened  with  profound  emotion 
to  the  kind  words  you  have  addressed  to  me.  The  visit 
of  this  large  delegation  to  speak  to  me  through  you> 
sir,  these  words  of  encouragement,  I  had  not  anticipated. 
In  the  midst  of  the  saddening  circumstances  which  sur 
round  us,  and  the  immense  responsibility  thrown  upon 
me,  an  expression  of  the  confidence  of  individuals,  and 
still  more  of  an  influential  body  like  that  before  me,  rep 
resenting  a  great  commonwealth,  cheers  and  strengthens 
my  heavily  burdened  mind.  I  am  at  a  loss  for  words  to 
respond.  In  an  hour  like  this,  of  deepest  sorrow,  were 
it  possible  to  embody  in  words  the  feelings  of  my  bosom, 
I  could  not  command  my  lips  to  utter  them.  Perhaps 
the  best  reply  I  could  make,  and  the  one  most  readily  ap 
propriate  to  your  kind  assurances  of  confidence,  would 
be  to  receive  them  in  silence.  [Sensation.]  The  throb- 
bings  of  my  heart  since  the  sad  catastrophe  which  has 
appalled  us  cannot  be  reduced  to  words ;  and,  oppressed 
as  I  am  with  the  new  and  great  responsibility  which  has 
devolved  upon  me,  and  saddened  with  grief,  I  can  with 
difficulty  respond  to  you  at  all.  But  I  cannot  permit 
such  expression  of  the  confidence  reposed  in  me  by  the 
people  to  pass  without  acknowledgment.  To  an  indi 
vidual  like  myself,  who  has  never  claimed  much,  but 
who  has,  it  is  true,  received  from  a  generous  people 
many  marks  of  trust  and  honor  for  a  long  time,  an  occa 
sion  like  this  and  a  manifestation  of  public  feeling  so 


APPENDIX.  469 

well-timed  are  peculiarly  acceptable.  Sprung  from  the 
people  myself,  every  pulsation  of  the  popular  heart  finds 
an  immediate  answer  in  my  own.  By  many  men  in  pub 
lic  life  such  occasions  are  often  considered  merely  formal. 
To  me  they  are  real.  Your  words  of  countenance  and 
encouragement  sank  deep  in  my  heart,  and  were  I  even 
a  coward  I  could  not  but  gather  from  them  strength  to 
carry  out  my  convictions  of  right.  Thus  feeling,  I  shall 
enter  upon  the  discharge  of  my  great  duty  firmly,  stead-^ 
fastly,  [applause,]  it'  not  with  the  signal  ability  exhibited 
by  my  predecessor,  which  is  still  fresh  in  our  sorrowing 
minds.  Need  I  repeat  that  no  heart  feels  more  sensi 
bly  than  mine  this  great  affliction  ?  In  what  I  say  on 
this  occasion  I  shall  indulge  in  no  petty  spirit  of  anger, 
no  feeling  of  revenge.  But  we  have  beheld  a  notable 
event  in  the  history  of  mankind.  In  the  midst  of  the 
American  people,  where  every  citizen  is  taught  to  obey 
law  and  observe  the  rules  of  Christian  conduct,  our 
Chief  Magistrate,  the  beloved  of  all  hearts,  has  been  as 
sassinated  ;  and  when  we  trace  this  crime  to  its  cause, 
when  we  remember  the  source  whence  the  assassin  drew 
his  inspiration,  and  then  look  at  the  result,  we  stand  yet 
more  astounded  at  this  most  barbarous,  most  diabolical 
assassination.  Such  a  crime  as  the  murder  of  a  great 
and  good  man,  honored  and  revered,  the  beloved  and  the 
hope  of  the  people,  springs  not  alone  from  a  solitary  in 
dividual  of  ever  so  desperate  wickedness.  We  can  trace 
its  cause  through  successive  steps,  without  my  enumerat 
ing  them  here,  back  to  that  source  which  is  the  spring 
of  all  our  woes.  No  one  can  say  that  if  the  perpetrator 
of  this  fiendish  deed  be  arrested  he  should  not  undergo 
the  extremest  penalty  the  law  knows  for  crime  ;  none 
40 


470  APPENDIX. 

\vill  say  that  mercy  should  interpose.  But  is  he  alone 
guilty?  Here,  gentlemen,  you  perhaps  expect  me  to 
present  some  indication  of  my  future  policy.  One  thing 
I  will  say.  Every  era  teaches  its  lesson.  The  times 
we  live  in  are  not  without  instruction.  The  American 
people  must  be  taught  —  if  they  do  not  already  feel  — 
that  treason  is  a  crime  and  must  be  punished ;  [ap 
plause  ;]  that  the  Government  will  not  always  bear  with 
its  enemies ;  that  it  is  strong,  not  only  to  protect,  but  to 
punish.  [Applause.]  When  we  turn  to  the  criminal 
code  and  examine  the  catalogue  of  crimes,  we  there  find 
arson  laid  down  as  a  crime  with  its  appropriate  penalty  ; 
we  find  there  theft  and  robbery  and  murder  given  as 
crimes  ;  and  there,  too,  we  find  the  last  and  highest  of 
crimes,  —  treason.  [Applause.]  With  other  and  infe 
rior  offences  our  people  are  familiar.  But  in  our  peace 
ful  history  treason  has  been  almost  unknown.  The  peo 
ple  must  understand  that  it  is  the  blackest  of  crimes,  and 
will  be  surely  punished.  [Applause.]  I  make  this  allu 
sion,  not  to  excite  the  already  exasperated  feelings  of  the 
public,  but  to  point  out  the  principles  of  public  justice 
which  should  guide  our  action  at  this  particular  juncture, 
and  wrhich  accord  with  sound  public  morals.  Let  it  be 
engraven  on  every  heart  that  treason  is  a  crime,  and 
traitors  shall  suffer  its  penalty.  [Applause.]  While 
we  are  appalled,  overwhelmed  at  the  fall  of  one  man  in 
our  midst  by  the  hand  of  a  traitor,  shall  we  allow  men  — 
I  care  not  by  what  weapons  —  to  attempt  the  life  of  a 
State  with  impunity  ?  While  we  strain  our  minds  to 
comprehend  the  enormity  of  this  assassination,  shall  we 
allow  the  nation  to  be  assassinated  ?  [Applause.]  I 
speak  in  no  spirit  of  unkindness.  I  leave  the  events  of 


APPENDIX.  471 

the  future  to  be  disposed  of  as  they  arise,  regarding  my 
self  as  the  humble  instrument  of  the  American  people. 
In  this,  as  in  all  things,  justice  and  judgment  shall  be 
determined  by  them.  I  do  not  harbor  bitter  or  revenge 
ful  feelings  toward  any.  In  general  terms  I  would  say 
that  public  morals  and  public  opinion  should  be  estab 
lished  upon  the  sure  and  inflexible  principles  of  justice. 
[Applause.]  When  the  question  of  exercising  mercy 
comes  before  me  it  will  be  considered  calmly,  judicially, 
—  remembering  that  I  am  the  Executive  of  the  nation. 
I  know  men  love  to  have  their  names  spoken  of  in  con 
nection  with  acts  of  mercy  ;  and  how  easy  it  is  to  yield 
to  this  impulse.  But  we  must  not  forget  that  what  may 
be  mercy  to  the  individual  is  cruelty  to  the  State.  [Ap 
plause.]  In  the  exercise  of  mercy  there  should  be  no 
doubt  left  that  this  high  prerogative  is  not  used  to  relieve 
a  few  at  the  expense  of  the  many.  Be  assured  that  I 
shall  never  forget  that  I  am  not  to  consult  my  own  feel 
ings  alone,  but  to  give  an  account  to  the  whole  people. 
[Applause.]  In  regard  to  my  future  course  I  will  now 
make  no  professions,  no  pledges.  I  have  been  connected 
somewhat  actively  with  public  affairs,  and  to  the  history 
of  my  past  public  acts,  which  is  familiar  to  you,  I  refer 
for  those  principles  which  have  governed  me  heretofore, 
and  will  guide  me  hereafter.  In  general  I  will  say  I  have 
long  labored  for  the  amelioration  and  elevation  of  the 
great  mass  of  mankind.  My  opinions  as  to  the  nature 
of  popular  government  have  long  been  cherished ;  and 
constituted  as  I  am,  it  is  now  too  late  in  life  for  me  to 
change  them.  I  believe  that  government  was  made 
for  man,  not  man  for  government.  [Applause.]  This 
struggle  of  the  people  against  the  mo  4  gigantic  rebel- 


472  APPENDIX. 

lion  the  WDrld  ever  saw  has  demonstrated  that  the  attach 
ment  of  the  people  to  their  Government  is  the  strongest 
national  defence  human  wisdom  can  devise.  [Applause.] 
So  long  as  each  man  feels  that  the  interests  of  the  Gov 
ernment  are  his  interests,  so  long  as  the  public  heart 
turns  in  the  right  direction,  and  the  people  understand 
and  appreciate  the  theory  of  our  Government  and  love 
liberty,  our  Constitution  will  be  transmitted  unimpaired. 
If  the  time  ever  comes  when  the  people  shall  fail,  the 
Government  will  fail,  and  we  shall  cease  to  be  one  of 
the  nations  of  the  earth.  After  having  preserved  our 
form  of  free  government,  and  shown  its  power  to  main 
tain  its  existence  through  the  vicissitudes  of  nearly  a 
century,  it  may  be  that  it  was  necessary  for  us  to  pass 
through  this  last  ordeal  of  intestine  strife  to  prove  that 
this  Government  will  not  perish  from  internal  weakness, 
but  will  stand  to  defend  itself  against  all  foes  and  punish 
treason.  [Applause.]  In  the  dealings  of  an  inscrutable 
Providence  and  by  the  operation  of  the  Constitution,  I 
have  been  thrown  unexpectedly  into  this  position.  My 
past  life,  especially  my  course  during  the  present  unholy 
Rebellion,  is  before  you.  I  have  no  principles  to  retract ; 
1  defy  any  one  to  point  to  any  of  my  public  acts  at  vari 
ance  with  the  fixed  principles  which  have  guided  me 
through  life.  I  have  no  professions  to  offer.  Professions 
and  promises  would  be  worth  nothing  at  this  time.  No 
one  can  foresee  the  circumstances  that  will  hereafter 
arise.  Had  any  man,  gifted  with  prescience  four  years 
ago,  uttered  and  written  down  in  advance  the  events  of 
this  period,  they  would  have  seemed  more  marvellous 
than  anything  in  the  "  Arabian  Nights."  I  shall  not 
attempt  to  anticipate  the  future.  As  events  occur,  and 


APPENDIX.  473 

it  becomes  necessary  for  me  to  act,  I  shall  dispose  of 
each  as  it  arises,  deferring  any  declaration  or  message 
until  it  can  be  written,  paragraph  by  paragraph,  in  the 
light  of  events  as  they  transpire. 

The  members  of  the  delegation  were  then   severally 
introduced  to  the  President  by  Governor  Oglesby. 


RECEPTION   OF  THE   BRITISH  AMBAS 
SADOR. 

ON  the  20th  of  April,  1865,  Sir  Frederick  A.  Bruce, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
her  Britannic  Majesty  to  the  United  States  Government, 
presenting  his  credentials  to  the  President,  spoke  as  fol 
lows  :  — 

MR.  PRESIDENT:  It  is  with  deep  and  sincere  concern 
that  I  have  to  accompany  my  first  official  act  with  expres 
sions  of  condolence.  On  Saturday  last  the  ceremony 
that  takes  place  here  to-day  was  to  have  been  performed, 
but  the  gracious  intentions  of  the  late  lamented  President 
were  frustrated  by  the  events  which  have  plunged  this 
country  in  consternation  and  affliction,  and  which  will 
call  forth  in  Great  Britain  feelings  of  horror  as  well  as 
of  profound  sympathy.  It  becomes,  therefore,  rny  duty, 
sir,  to  present  the  letter  from  my  sovereign,  of  which  I 
am  the  bearer,  to  you,  as  President  of  the  United  States, 
and  it  is  with  pleasure  that  I  convey  the  assurances  of 
regard  and  good-will  which  her  Majesty  entertains  to 
ward  you,  sir,  as  President  of  the  United  States.  I  am 
further  directed  to  express  her  Majesty's  friendly  dispo 
sition  towards  the  great  Nation  of  which  you  are  Chief 


474  APPENDIX. 

Magistrate,  and  her  hearty  good  wishes  for  its  peace, 
prosperity,  and  welfare.  Her  Majesty  has  nothing  more 
at  heart  than  to  conciliate  those  relations  of  amity  and 
good  understanding  which  have  so  long  and  so  happily 
existed  between  the  two  kindred  nations  of  the  United 
Stages  and  Great  Britain,  and  it  is  in  this  spirit  that  I 
am  directed  to  perform  the  duties  of  the  important  and 
honorable  post  confided  to  me.  Permit  me,  sir,  to  say, 
that  it  shall  be  the  object  of  my  earnest  endeavors  to 
carry  out  my  instructions  faithfully  in  this  respect,  and 
to  express  the  hope,  sir,  that  you  will  favorably  con 
sider  my  attempts  to  merit  your  approbation,  and  to  give 
effect  to  the  friendly  intentions  of  the  Queen  and  of  her 
Majesty's  Government.  1  have  the  honor  to  place  in 
your  hands  the  letter  of  credence  confided  to  me  by  her 
Majesty. 

THE  PRESIDENT'S    REPLY. 

To  which  President  Johnson  replied  :  — 
SIR  FREDERICK  A.  BRUCE  :  The  very  cordial  and 
friendly  sentiments  which  you  have  expressed  on  the 
part  of  her  Britannic  Majesty  give  me  great  pleasure. 
Great  Britain  and  the  United  States,  by  the  extended 
and  various  forms  of  commerce  between  them,  the  con 
tiguity  of  portions  of  their  possessions,  and  the  similarity 
of  their  language  and  laws,  are  drawn  into  constant  and 
intimate  intercourse.  At  the  same  time  they  are,  from 
the  same  causes,  exposed  to  frequent  occasions  of  mis 
understanding,  only  to  be  averted  by  mutual  forbearance. 
So  eagerly  are  the  people  of  the  two  countries  engaged, 
throughout  almost  the  whole  world,  in  the  pursuit  of  similar 
commercial  enterprises,  accompanied  by  natural  rivalries 


APPENDIX.  475 

and  jealousies,  that,  at  first  sight,  it  would  almost  seem 
that  the  two  Governments  must  be  enemies,  or  at  best 
cold  and  calculating  friends.  So  devoted  are  the  two 
nations  throughout  all  their  domain,  and  even  in  their 
most  remote  territory  and  colonial  possessions,  to  the 
principles  of  civil  rights  and  constitutional  liberty,  that, 
on  the  other  hand,  the  superficial  observer  might  errone 
ously  count  upon  a  continued  concert  of  action  and 
sympathy,  amounting  to  an  alliance  between  them.  Each 
is  charged  with  the  development  of  the  progress  of  the 
human  race,  and  each  in  its  sphere  is  subject  to  difficul 
ties  and  trials  not  participated  in  by  the  other.  The 
interests  of  civilization  and  of  humanity  require  that 
the  two  should  be  friends.  I  have  always  known  and 
accounted  as  a  fact  honorable  to  both  countries,  that 
the  Queen  of  England  is  a  sincere  and  honest  well- 
wisher  to  the  United  States.  I  have  been  equally  frank 
and  explicit  in  the  opinion  that  the  friendship  of  the 
United  States  toward  Great  Britain  is  enjoined  by  all 
considerations  of  interest  and  of  sentiment  affecting  the 
character  of  both.  You  will,  therefore,  be  accepted  as  a 
Minister  friendly  and  well-disposed  to  the  maintenance 
of  peace  and  the  honor  of  both  countries.  You  will  find 
myself  and  all  my  associates  acting  in  accordance  with 
the  same  enlightened  policy  and  consistent  sentiments, 
and  so  I  am  sure  that  it  will  not  occur  in  your  case  that 
either  yourself  or  this  Government  will  ever  have  cause 
to  regret  that  such  an  important  relationship  existed  at 
such  a  crisis. 


476  APPENDIX. 


RECEPTION   OF  THE   DIPLOMATIC   CORPS. 

SOON  after  the  reception  of  the  British  Minister,  the 
members  of  the  Diplomatic  Corps  were  presented  to 
President  Johnson,  when  Baron  von  Gerolt  addressed 
the  President  as  follows  :  — 

MR.  PRESIDENT  :  The  representatives  of  foreign  na 
tions  have  assembled  here  to  express  to  your  Excel 
lency  their  feelings  at  the  deplorable  event  of  which  they 
have  been  witnesses  ;  to  say  how  sincerely  they  share 
the  national  mourning  for  the  cruel  fate  of  the  late 
President,  Abraham  Lincoln,  and  how  deeply  they  sym 
pathize  with  the  Government  and  people  of  the  United 
States  in  their  great  affliction.  With  equal  sincerity  we 
tender  to  you,  Mr.  President,  our  best  wishes  for  the 
welfare  and  prosperity  of  the  United  States,  and  for 
your  personal  health  and  happiness.  May  we  be  al 
lowed,  also,  Mr.  President,  to  give  utterance  on  this 
occasion  to  our  sincerest  hopes  for  an  early  reestablish- 
ment  of  peace  in  this  great  country,  and  for  the  main 
tenance  of  the  friendly  relations  between  the  Government 
of  the  United  States  and  the  governments  which  we  rep 
resent. 

REPLY    OF    THE    PRESIDENT. 

To  which  the  President  replied :  — 

GENTLEMEN  OF  THE  DIPLOMATIC  BODY  :  I  heartily 
thank  you,  on  behalf  of  the  Government  and  people  of 
the  United  States,  for  the  sympathy  which  you  have  so 
feelingly  expressed  upon  the  mournful  event  to  which 
you  refer.  The  good  wishes  also  which  you  kindly  offer 
for  the  welfare  and  prosperity  of  the  United  States,  and 


APPENDIX.  477 

for  my  personal  health  and  happiness,  are  gratefully 
received.  Your  hopes  for  the  early  restoration  of  peace 
in  this  country  are  cordially  reciprocated  by  me,  and  you 
may  be  assured  that  I  shall  leave  nothing  undone  towards 
preserving  those  relations  of  friendship  which  now  fortu 
nately  exist  between  the  United  States  and  all  foreign 
powers. 


ADDRESS  TO    LOYAL  SOUTHERNERS. 

DURING  the  same  month  a  deputation  of  loyal  men 
from  various  Southern  States  waited  on  the  President. 
In  reply  to  a  brief  address,  he  said  :  — 

It  is  hardly  necessary  for  me  on  this  occasion  to  say 
that  my  sympathies  and  impulses,  in  connection  with  this 
nefarious  Rebellion,  beat  in  unison  with  yours.  Those 
who  have  passed  through  this  bitter  ordeal,  and  who  par 
ticipated  in  it  to  a  great  extent,  are  more  competent,  as  I 
think,  to  judge  and  determine  the  true  policy  which  should 
be  pursued.  [Applause.]  I  have  but  little  to  say  on 
this  question  in  response  to  what  has  been  said.  It  enun 
ciates  and  expresses  my  own  feelings  to  the  fullest  extent, 
and  in  much  better  language  than  I  can  at  the  present 
moment  summon  to  my  aid.  The  most  that  I  can  say  is 
that,  entering  upon  the  duties  that  have  devolved  upon 
me  under  circumstances  that  are  perilous  and  responsible, 
and  being  thrown  into  the  position  I  now  occupy  unex 
pectedly,  in  consequence  of  the  sad  event,  the  heinous 
assassination  which  has  taken  place,  —  in  view  of  all  that 
is  before  me  and  the  circumstances  that  surround  me,  — 
I  cannot  but  feel  that  your  encouragement  and  kindness 


478  APPENDIX. 

are  peculiarly  acceptable  and  appropriate.  I  do  not  think 
you,  who  have  been  familiar  with  my  course,  —  you  who 
are  from  the  South,  —  deem  it  necessary  for  me  to  make 
any  professions  as  to  the  future  on  this  occasion,  nor  to 
express  what  my  course  will  be  upon  questions  that  may 
arise.  If  my  past  life  is  no  indication  of  what  my  future 
will  be,  my  professions  were  both  worthless  and  empty  ; 
and  in  returning  you  my  sincere  thanks  for  this  encour 
agement  and  sympathy,  I  can  only  reiterate  what  I  have 
said  before,  and,  in  part,  what  has  just  been  read.  As 
far  as  clemency  and  mercy  are  concerned,  and  the  proper 
exercise  of  the  pardoning  power,  I  think  I  understand  the 
nature  and  character  of  the  latter.  In  the  exercise  of 
clemency  and  mercy,  that  pardoning  power  should  be 
exercised  with  caution.  I  do  not  give  utterance  to  my 
opinions  on  this  point  in  any  spirit  of  revenge  or  unkind 
feelings.  Mercy  and  clemency  have  been  pretty  large 
ingredients  in  my  composition,  having  been  the  Executive 
of  a  State,  and  thereby  placed  in  a  position  in  which  it  was 
necessary  to  exercise  clemency  and  mercy.  I  have  been 
charged  with  going  too  far,  being  too  lenient,  and  have 
become  satisfied  that  mercy  without  justice  is  a  crime,  and 
that  when  mercy  and  clemency  are  exercised  by  the  Ex 
ecutive,  it  should  always  be  done  in  view  of  justice,  and 
in  that  manner  alone  is  properly  exercised  that  great  pre 
rogative.  The  time  has  come,  as  you  who  have  had  to 
drink  this  bitter  cup  are  fully  aware,  when  the  American 
people  should  be  made  to  understand  the  true  nature 
of  crime.  Of  crime  generally  our  people  have  a  high 
understanding,  as  well  as  of  the  necessity  for  its  punish 
ment  ;  but  in  the  catalogue  of  crimes  there  is  one,  and 
that  the  highest  known  to  the  laws  and  the  Constitution, 


APPENDIX.  479 

of  which,  since  the  days  of  Jefferson  and  Aaron  Burr, 
they  have  become  oblivious.  That  is  —  treason.  In 
deed,  one  who  has  become  distinguished  in  treason  and 
in  this  Rebellion  said,  that  "  when  traitors  become  numer 
ous  enough  treason  becomes  respectable,  and  to  become  a 
traitor  was  to  constitute  a  portion  of  the  aristocracy  of 
the  country."  God  protect  the  people  against  such  an 
aristocracy.  Yes,  the  time  has  come  when  the  people 
should  be  taught  to  understand  the  length  and  breadth, 
the  depth  and  height  of  treason.  An  individual  occupying 
the  highest  position  among  us  was  lifted  to  that  position 
by  the  free  offering  of  the  American  people,  —  the  highest 
position  on  the  habitable  globe.  This  man  we  have  seen, 
revered,  and  loved,  —  one  who,  if  he  erred  at  all,  erred 
ever  on  the  side  of  clemency  and  mercy,  —  that  man  we 
have  seen  Treason  strike,  through  a  fitting  instrument,  and 
we  have  beheld  him  fall  like  a  bright  star  falling  from  its 
sphere.  Now,  there  is  none  but  would  say,  if  the  ques 
tion  came  up,  what  should  be  done  with  the  individual 
who  assassinated  the  Chief  Magistrate  of  the  nation,  — 
He  is  but  a  man  —  one  man,  after  all.  But  if  asked  what 
should  be  done  with  the  assassin,  what  should  be  the  pen 
alty,  the  forfeit  exacted  ?  I  know  what  response  dwells 
in  every  bosom.  It  is,  that  he  should  pay  the  forfeit  with 
his  life.  And  hence  we  see  there  are  times  when  mercy 
and  clemency,  without  justice,  become  a  crime.  The  one 
should  temper  the  other,  and  bring  about  that  proper 
means.  And  if  we  should  say  this  when  the  case  was  the 
simple  murder  of  one  man  by  his  fellow-man,  what  should 
we  say  when  asked  what  should  be  done  with  him,  or  them, 
or  those,  who  have  raised  impious  hands  to  take  away  the 
life  of  a  nation  composed  of  thirty  millions  of  people  ? 


480  APPENDIX. 

What  would  be  the  reply  to  that  question  ?  But  while  in 
mercy  we  remember  justice,  in  the  language  that  has 
been  uttered,  I  say,  justice  toward  the  leaders,  the  con 
scious  leaders  ;  but  I  also  say  amnesty,  conciliation,  clem 
ency,  and  mercy  to  the  thousands  of  our  countrymen  whom 
you  and  I  know  have  been  deceived  or  driven  into  this 
infernal  Rebellion.  And  so  I  return  to  where  I  started 
from,  and  again  repeat  that  it  is  time  our  people  were 
taught  to  know  that  treason  is  a  crime,  not  a  mere  politi 
cal  difference,  not  a  mere  contest  between  two  parties,  in 
which  one  succeeded  and  the  other  has  simply  failed. 
They  must  know  it  is  treason  ;  for  if  they  had  succeeded, 
the  life  of  the  nation  would  have  been  reft  from  it,  —  the 
Union  would  have  been  destroyed.  Surely  the  Constitu 
tion  sufficiently  defines  treason.  It  consists  in  levying  war 
against  the  United  States,  and  in  giving  their  enemies  aid 
and  comfort.  With  this  definition  it  requires  the  exer 
cise  of  no  great  acumen  to  ascertain  who  are  traitors.  It 
requires  no  great  perception  to  tell  who  have  levied  war 
against  the  United  States  ;  nor  does  it  require  any  great 
stretch  of  reasoning  to  ascertain  who  has  given  aid  to  the 
enemies  of  the  United  States  ;  and  when  the  Government 
of  the  United  States  does  ascertain  who  are  the  conscious 
and  intelligent  traitors,  the  penalty  and  the  forfeit  should 
be  paid.  [Applause.]  I  know  how  to  appreciate  the  con 
dition  of  being  driven  from  one's  home.  I  can  sympa 
thize  with  him  whose  all  has  been  taken  from  him,  —  with 
him  who  has  been  denied  the  place  that  gave  his  children 
birth.  But  let  us,  withal,  in  the  restoration  of  true  gov 
ernment,  proceed  temperately  and  dispassionately,  and 
hope  and  pray  that  the  time  will  come,  as  I  believe,  when 
all  can  return  and  remain  at  our  homes,  and  treason  and 


APPENDIX.  481 

traitors  be  driven  from  our  land,  —  [applause,]  —  when 
again  law  and  order  shall  reign,  and  the  banner  of  our  coun 
try  be  unfurled  over  every  inch  of  territory  within  the  area 
of  the  United  States.  [Applause.]  In  conclusion,  let  me 
thank  you  most  profoundly  for  this  encouragement  and 
manifestation  of  your  regard  and  respect,  and  assure  you 
that  I  can  give  no  greater  assurance  regarding  the  set 
tlement  of  this  question,  than  that  I  intend  to  discharge 
my  duty,  and  in  that  way  which  shall,  in  the  earliest  pos 
sible  hour,  bring  back  peace  to  our  distracted  country. 
And  I  hope  the  time  is  not  far  distant  when  our  people 
can  all  return  to  their  homes  and  firesides,  and  resume 
their  various  avocations. 


SPEECH  TO  THE  INDIANA  DELEGATION. 

AT  the  close  of  the  month  of  April,  1865,  the  Presi 
dent  spoke  as  follows,  in  response  to  an  address  from  a 
delegation  from  the  State  of  Indiana  :  — 

As  my  honorable  friend  [Governor  Morton]  knows,  I 
long  since  took  the  ground  that  this  Government  was  sent 
upon  a  great  mission  among  the  nations  of  the  earth ;  that 
it  had  a  great  work  to  perform,  and  that  in  starting  it,  it 
was  started  in  perpetuity.  Look  back  for  one  single  mo 
ment  to  the  Articles  of  Confederation,  and  then  come 
down  to  1787,  when  the  Constitution  was  formed,  —  what 
do  you  find  ?  That  we,  "  the  People  of  the  United  States, 
in  order  to  form  a  more  perfect  government,"  etc.  Pro 
vision  is  made  for  the  admission  of  new  States,  to  be 
added  to  the  old  ones  embraced  within  the  Union.  Now, 
41 


482  APPENDIX. 

turn  to  the  Constitution ;  we  find  that  amendments  may 
be  made  by  a  recommendation  of  two  thirds  of  the  mem 
bers  of  Congress,  if  ratified  by  three  fourths  of  the 
States.  Provision  is  made  for  the  admission  of  new 
States  ;  no  provision  is  made  for  the  secession  of  old 
ones.  The  instrument  was  made  to  be  good  in  perpe 
tuity,  and  you  can  take  hold  of  it,  not  to  break  up  the 
Government,  but  to  go  on  perfecting  it  more  and  more  as 
it  runs  down  the  stream  of  time.  We  find  the  Govern 
ment  composed  of  integral  parts.  An  individual  is  an 
integer,  and  a  State  itself  is  an  integer,  and  the  various 
States  form  the  Union,  which  is  itself  an  integer,  they 
all  making  up  the  Government  of  the  United  States. 
Now  we  come  to  the  point  of  my  argument,  so  far  as 
concerns  the  perpetuity  of  the  Government.  We  have 
seen  that  the  Government  is  composed  of  parts,  each 
essential  to  the  whole,  and  the  whole  essential  to  each 
part.  Now,  if  an  individual  [part  of  a  State]  declare 
war  against  the  whole,  in  violation  of  the  Constitution, 
he,  as  a  citizen,  has  violated  the  law,  and  is  responsible 
for  the  act  as  an  individual.  There  may  be  more  than 
one  individual ;  it  may  go  on  until  they  become  parts  of 
States.  Sometimes  the  rebellion  may  go  on  increasing 
in  number  till  the  State  machinery  is  overturned,  and  the 
country  becomes  like  a  man  that  is  paralyzed  on  one 
side.  But  we  find  in  the  Constitution  a  great  panacea 
provided.  It  provides  that  the  United  States  (that  is  the 
great  integer)  shall  guarantee  to  each  State  (the  integers 
composing  the  whole)  in  this  Union  a  republican  form  of 
government.  Yes,  if  rebellion  has  been  rampant,  and  set 
aside  the  machinery  of  a  State  for  a  time,  there  stands 
the  great  law  to  remove  the  paralysis,  and  revitalize  it 


APPENDIX.  483 

and  put  it  on  its  feet  again.  When  we  come  to  under 
stand  our  system  of  government,  though  it  be  complex, 
we  see  how  beautifully  one  part  moves  in  harmony  with 
another;  then  we  see  our  Government  is  to  be  a  perpe 
tuity,  there  being  no  provision  for  pulling  it  down,  the 
Union  being  its  vitalizing  power,  imparting  life  to  the 
whole  of  the  States  that  move  around  it  like  planets 
around  the  sun,  receiving  thence  light,  and  heat,  and  mo 
tion.  Upon  this  idea  of  destroying  States,  my  position 
has  been  heretofore  well  known,  and  I  see  no  cause  to 
change  it  now,  and  I  am  glad  to  hear  its  reiteration  on  the 
present  occasion.  Some  are  satisfied  with  the  idea  that 
States  are  to  be  lost  in  territorial  and  other  divisions;  are 
to  lose  their  character  as  States.  But  their  life-breath 
has  only  been  suspended,  and  it  is  a  high  constitutional 
obligation  we  have  to  secure  each  of  these  States  in  the 
possession  and  enjoyment  of  a  republican  form  of  govern 
ment.  A  State  may  be  in  the  Government  with  a  pecu 
liar  institution,  and  by  the  operation  of  rebellion  lose 
that  feature  ;  but  it  was  a  State  when  it  went  into  rebel 
lion,  and  when  it  comes  out  without  the  institution,  it  is 
still  a  State.  I  hold  it  a  solemn  obligation  in  any  one  of 
these  States  where  the  rebel  armies  have  been  beaten 
back  or  expelled,  I  care  not  how  small  the  ship  of  state, 
I  hold  it,  I  say,  a  high  duty  to 'protect  and  to  secure  to 
them  a  republican  form  of  government.  This  is  no  new 
opinion.  It  is  expressed  in  conformity  with  my  under 
standing  of  the  genius  and  theory  of  our  Government. 
Then,  in  adjusting  and  putting  the  Government  upon  its 
legs  again,  I  think  the  progress  of  this  work  must  pass 
into  the  hands  of  its  friends.  If  a  State  is  to  be  nursed 
until  it  again  gets  strength,  it  must  be  nursed  by  its 


484  APPENDIX. 

friends,  not  smothered  by  its  enemies.  Now,  permit  me 
to  remark,  that  while  I  have  opposed  dissolution  and  dis 
integration  on  the  one  hand,  on  the  other  I  am  equally 
opposed  to  consolidation,  or  the  centralization  of  power 
in  the  hands  of  a  few. 


INDEX. 


PAGE 

Ableman  vs.  Booth,  case  of. 201 

Adams,  John  Quincy.     See  Veto. 

Alabama,  the  admission  of  into  the  "Union 231 

American  State  Papers  quoted 115 

Anderson,  Robert,  General,  notice  of 282 

Andre',  John,  Major,  the  case  of,  cited 432 

Aristocracy,  a  dangerous  class 37 

Arnold,  Benedict,  General,  the  case  of,  cited 432 

Assassination  suggested  in  the  Senate 173 

"  Beauty  and  Booty/'  watchwords  of  the  English 187 

Benjamin,  Judah  P.,  Senator,  remarks  on  the  cession  of 

Louisiana 180 

quotation  from  a  speech  at  San  Francisco 194 

Boyce,  W.  "W.,  his  opinion  of  secession 252 

Breckinridge,  John  C.,  speech  on  the  act  approving  the  ac 
tion  of  President  Lincoln 331 

Bright,  Jesse  D.,  the  expulsion  of. 405 

Brown,  Albert  G.,  senator  from  Mississippi 221 

Browning,  ,  senator  from  Illinois,  quoted 380 

Bruce,  Sir  Frederick  A.,  speech  to  President  Johnson 473 

Buchanan,  James,  on  the  acquisition  of  Cuba 13G 

"  pledged  to  secession  " 145 

Buell,  D.  C.,  General,  evacuates  Southern  Tennessee. . . .  xxvi 
Burr,  Aaron,  trial  of,  noticed 413 

Campbell,  David,  Judge 270 

Carrington,  E 103 

Carter,  Langdon.     See  Frank/and 270 

Castle  Piuckney,  S.  C.,  seizure  of 369 

41* 


486  INDEX. 

PAGE 

Charleston,  S.  C.,  surrender  of,  in  1779 207 

petition  of  the  inhabitants  of,  to  Sir  Henry  Clinton,  &e.  210 

United  States  arsenal  at,  seized 369 

Clay,  C.  C.,  speech  on  the  Lecompton  Constitution 51 

reply  to  a  speech  of 55 

Clingrnan,  ,  Senator 12 

Cobb,  Howell,  his  opinion  of  the  extent  of  the  war 393 

Cockrill,  Mack xxxvii 

"  Coercion,"  noticed 95 

Cohens  vs.  Virginia,  case  of 105 

Collamer,  Jacob,  remarks  on  the  personal-liberty  laws 97 

Compromise  considered 433 

Condorcet  a  democrat  from  philosophy 62 

Congress,  power  of,  to  give  away  lands 21 

Constitution  of  the  United  States,  amendments  to,  proposed     77 

"  a  creature  of  the  will  of  the  people  " 106 

formed  for  perpetuity 112 

growth  of  the  country  under  the 350 

joint  resolution  proposing  amendments  to  the 461 

Constitutional  monarchy  considered 277 

Conway,  Elias  N.,  governor  of  Arkansas 142 

"  Cotton  is  King  " 140 

Crittenden,  John  J.,  Senator  from  Kentucky 200 

cause  of  the  defeat  of  the  resolutions  of 436 

Cuba,  the  acquisition  of 136 

Davis,  Jefferson,  his  remarks  on  a  speech  of  Mr.  Johnson. .  253 

his  education,  &c 285 

his  reception  at  Montgomery,  Ala 375 

issues  letters  of  marque 380 

De  Bow's  Review  on  the  institution  of  government 366 

Declaration  of  Independence  quoted 56 

Democracy,  James  Madison's  opinion  of 53 

Lamartine's  view  of 58 

a  permanent  element  of  progress 60 

definition  of 62 

the  duty  of,  in  1860-61 170 

Douglas,  Stephen  A.,  discussion  with  Abraham  Lincoln. . . .  195 


INDEX.  487 

PAGE 

East,  Edward  H xxvi 

East  Tennessee,  loyalty  of 395 

address  of  the  people  of 395 

sufferings  of  the  citizens  of 480 

Elliot's  Debates  quoted 63 

Emigrant  Aid  Society 14 

England,  the  policy  of 141 

Etheridge,  Emerson xxii 

Excise  law  of  1798  sustained 114 

Fayetteville,  N.  C.,  arsenal  at,  seized 369 

Fessenden,  W.  P.,  senator  from  Maine 445 

Fitch,  J.,  noticed 424 

Florida,  consideration  of  the  acquisition  of 131 

Fort  Barrancas,  Flor.,  seizure  of 370 

Fort  Caswell,  N.  C.,  seizure  of 370 

Fort  Jackson,  Ga.,  seizure  of 369 

Fort  Jackson,  La.,  seizure  of 370 

Fort  Johnson,  N.  C.,  seizure  of. 370 

Fort  Macon,  N.  C.,  seizure  of 369 

Fort  MeRae,  Flor.,  seizure  of. 370 

Fort  Morgan,  Ala.,  seizure  of 369 

Fort  Moultrie,  S.  C.,  seizure  of 369 

Fort  Pike,  La.,  seizure  of 370 

Fort  Pulaski,  Ga,,  seizure  of 369 

Fort  St.  Philip,  seizure  of. 370 

Frankland,  account  of  the  State  of 266 

Friends,  arrested  during  the  Revolution  of  1776 333 

Fugitive-Slave  Law  noticed 97 

its  enforcement  in  Boston 202 

Garrison,  William  Lloyd,  quoted 261 

Gentry,  Meredith  P x 

Gist, ,  governor  of  South  Carolina,  message  of 144 

Government  the  trustee  of  the  people 180 

Gregg,  Maxcy 212 

"  Gulf  Confederacy,"  the 250 


488  INDEX. 

PAGE 

Habeas  Corpus,  writ  of,  suspended  during  the  Revolution  of 

1776 337 

Hamilton,  Alexander,  noticed 91-229 

Hammond, ,  Senator,  speech  on  the  Lecompton  Bill.     64 

Harding,  W.  D.,  General xxxvii 

Harris,  Ira,  senator  from  New  York 447 

Harris,  Isham  G.,  Governor,  noticed 357 

Hartford  Convention,   considered  by  the   "Richmond  En 
quirer  " 203 

treason  in  the 205 

Henderson,  Thomas,  Editor  "  Raleigh  Gazette," i 

Henry,  Gustavus  A x 

Henry,  Patrick,  views  of  democracy 62 

Hereditary  constitutional  monarchy  proposed  by  the  rebels.   156 

Homestead  Bill,  speech  on  the,  May  20,  1858 12 

history  of  the 14 

Andrew  Jackson's  opinion  of 18 

first  introduced  into  the  Congress  of  the  United  States  .     19 

"Washington's  opinion  of 21 

intentions  of  the 26 

increases  the  receipts  of  the  public  treasury 27 

effect  of  the 28 

moral  effect  of  the 33 

nationalizing  effect  of 38 

Homesteads  in  Illinois \ 20 

Hunter,  R.  M.  T.,  senator  from  Virginia 196 

Illinois,  homesteads  in 20 

reception  of  the  delegates  from,  April  18,  1865, 466 

Indiana,  the  loyalty  of 429 

Jackson,  A.  Burt 281 

Jackson,  Andrew.     See  Veto-Power 7 

See  Homestead 18 

fine  refunded  to xvi 

prophecy  of,  in  1833 xxxiii 

on  nullification 107 

proclamation  of  1833 108 

Jefferson,  Thomas,  exercises  the  veto-power 6 


INDEX.  489 

PAGE 

Jefferson,  Thomas,  See  Homestead  Bill 19 

the  democratic  principles  of 57 

inaugural  address  of 58 

letter  to  Col.  Monroe 102 

letter  to  E.  Carrington 103 

quoted . .  36,  198 

JOHNSON,  ANDREW,  biographical  notice  of i 

proclamation  in  reference  to  guerrillas xxiii 

assesses  the  rebels  of  Nashville,  &c xxvi 

nominated  for  the  vice-presidency xxx 

address  at  Nashville xxx 

letter  accepting  the  nomination  for  the  vice-presidency  xxxi 

speech  at  Logansport,  Ind xxxv 

address  to  the  colored  people  of  Nashville xxxv 

the  "  Moses  speech  " xxxvi 

inaugurated  Vice-President xliii 

speech  of  April  3d,  1865 xliii 

inauguration  as  President xlvii 

speech  on  the  veto-power,  August  2,  1848 1 

speech  on  the  Homestead  Bill,  May  20,  1858 12 

remarks  on  slavery 67 

speech  on  the  constitutionality  and  rightfulness  of  seces 
sion,  Dec.  18  and  19,  1860 77 

proposes  amendments  to  the  Constitution 77 

defines  his  position 81 

remarks  on  Vermont  personal-liberty  laws 98 

opposed  to  consolidation 150 

opinion  of  a  monarchy 160 

speech  on  the  state  of  the  Union,  delivered  February 

5th  and  6th,  1861 177 

reply  to  Senator  Benjamin 178 

dialogue  with  Senator  Wigfall 208 

reply  to  Senator  Lane 214 

war  not  an  element  of  his  mind 218 

remarks  on  the  territorial  question 240 

his  confidence  in  the  people 249 

remarks  on  the  speech  of  W.  W.  Boyce 252 

reply  to  Jefferson  Davis 253 


490  INDEX. 

PAGE 

an  "  ally  of  every  man  who  loves  his  country  " 256 

remarks  on  the  "  abolitionists  "  and  "nullifiers  " 259 

prefers  "  black  republicans  "  to  "  red  "  ones 204 

remarks  on  the  attack  on  Fort  Sumter 282 

refers  to  the  education  of  Jefferson  Davis 285 

apostrophe  to  the  Union 286 

speech  in  reply  to  Senator  Lane,  March  2,  1861 290 

refers  to  the  "  homestead  "  policy 298 

speech  at  Cincinnati,  Ohio,  June  19,  1861 316 

speech  on  the  war  for  the  Union,  July  27,  1861 828 

remarks  on  the  proclamation  of  President  Lincoln  call 
ing  for  75,000  men 341 

his  faith  in  woman 355 

his  course  during  the  presidential  election  of  1860 386 

remarks  on  the  action  of  J.  C.  Breckinridge 391 

predicts  an  uprising  of  the  people 401 

speech  on  the  expulsion  of  Jesse  D.  Bright 405 

stands  by  the  administration  of  Mr.  Lincoln 423 

His  opinions  of  "  coercion  " 427 

considers  "  compromise  " 433 

reply  to  Senator  Saulsbury 434 

appeal  to  the  people  of  Tennessee 451 

inaugural  address,  March  4,  1865 457 

his  joint  resolution  proposing  amendments  to  the  Con 
stitution  of  the  United  States 461 

speech  to  the  Illinois  delegation,  April  18,  1865 468 

speech  to  the  English  Ambassador,  April  20,  1865 474 

reply  to  the  diplomatic  corps 476 

address  to  loyal  Southerners 477 

speech  to  the  Indiana  delegation,  April,  1865 481 

Keitt,  L.  M.,  speech  at  Columbia,  S.  C 145 

King,  Rufus,  quoted 53 

Lamartine,  views  of  democracy 58 

Lane,  "  Joe,"  speech  of 216 

speech  at  Concord,  N.  H.,  quoted 301 

speech  on  the  24th  May,  1861,  quoted 303 


INDEX.  491 

PAGE 

Latham, ,  senator  from  California,  speech  of 445 

quoted 435 

Lecompton  Bill 64 

Lecompton  Constitution 51 

Legare,  Hugh,  views  of  democracy 63 

Lincoln  Abraham,  discussion  with  Douglas 195 

the  assassination  of xlvi 

Lincoln,  Thomas  B.,  of  Texas 405 

Livingston,  Edward,  letters  on  the  Louisiana  Treaty 184 

Louisiana,  the  acquisition  of 128 

See  Mississippi  River 130 

treaty  for  the  cession  of 171 

condition  of,  in  1803 186 

how  "  oppressed  "  by  the  United  States 189 

Loyal  Southerners,  President  Johnson's  address  to 477 

Madison,  James.     See  Veto-Power 

remarks  on  "  pure  democracies  " 51 

resolutions  of  1798 85 

letter  to  N.  P.  Trist,  1832 87 

letter  on  State  Rights 89 

notice  of 229 

"  Marion,"  seizure  of  the 370 

Marshall,  John,  Chief  Justice,  views  of  democracy 63 

his  opinion  of  secession 105 

Martial  law,  its  existence  during  the  Revolution  of  1776 333 

Mason,  James  M.,  remarks  on  slavery  in  the  South 70 

Mason,  J.  T.,  on  the  acquisition  of  Cuba 136 

Massachusetts  Anti-Slavery  Society 260 

Massachusetts,  the  secession  of 264 

May nard,  Horace xxii 

Mississippi  River,  navigation  of  the 130 

Senator  Lane's  remarks  on  the  navigation  of 233 

Mobile,  Ala.,  arsenal  at,  seized 369 

Monroe,  James.     See  Veto-Power. 

Morris,  Gouverneur,  opinion  of  "  homesteads  " 54 

Morton,  Governor  of  Indiana 481 

Moultrie,  William,  General,  his  Memoirs  quoted. 207 

''  Mud-sills,"  use  of  the  term 35,  65 


492  INDEX. 

PAGE 

Napoleon   I.,  his  "  pure  good  will "  towards   the   United 

States 184 

New  York,  pauperism  in 34,  66 

Nullification  at  the  North 98 

Oglesby,  Richard  J.,  Gov.,  speech  to  President  Johnson. . . .  466 

Pauperism 31 

Pennsylvania,  rebellion  in 118 

Perkins,  John,  noticed 362 

Personal-liberty  bills 95 

Petersburg,  Va.,  the  fall  of xlvi 

Phillips,  Wendell,  quoted 260 

Pickens,  F.  W.,  Gov.  of  S.  C.,  dispatch  of,  Jan.  19,  1861. . .  280 

Poinsett,  Joel  R.,  address  to  the  people  of  Charleston,  S.  0.  286 

Politicians,  "  the  Goths  and  Vandals  " 249 

Polk,  James  K.     See  Veto-Power , .  8 

Polk,  Tristen,  speech  on  the  war  quoted 371 

Post-offices  and  post-roads,  rights  of  Congress  to  establish. .  120 

Powell,  senator  from  Kentucky,  quoted 372 

Property,  "  the  main  object  of  society  " 53 

Public  lands,  the  value  of 40 

grants  to  railroads 45 

unsold  lands  in,  June,  1856 46 

Railroads,  grants  of  public  lands  to 45 

Resolution  of  1798 85 

Richmond,  Va.,  the  fall  of xlvi 

Rives,  W.  C 90 

Russell,  William   Howard,  correspondent  of  the  "London 
Times,"  quoted 353 

Saulsbury,  senator  of  Delaware 433 

Schenck,  R.  C.,  Senator 9 

Secession,  the  constitutionality  and  rightfulness  of 77 

the  effect  on  a  State  after  it  is  committed 124 

no  remedy  for  the  South 252 


INDEX.  493 

PAGE 

Sevier,  John.     See  Frankland , 269 

Sherman,  John,  Senator 419 

Slave,  definition  of 67 

Slavery,  the  death  of xxx 

remarks  of  Senator  Hammond  on 65 

the  effect  of,  at  the  South 67 

how  guaranteed  in  the  United  States 164 

not  prohibited  in  the  territories 348 

Slaves,  Jeff.  Davis's  resolution  for  the  protection  of 220 

Slave-trade,  L.  W.  Spratt's  letter  on  the,  quoted 362 

Slidell,  John,  noticed 389 

Smalley,  David  A.,  Judge 410 

Smith,  John.     See  Aaron  Burr 413 

Society,  property  the  main  object  of 53 

Soule',  Pierre,  on  the  acquisition  of  Cuba 136 

South  wants  a  "  dictator  " 356 

South  Carolina,  white  population  of 69 

operations  in 69 

cedes  lands  to  the  United  States  for  fortifications 121 

has  no  cause  for  complaint 166 

neutrality  of,  proposed  during  the  Revolution  of  1776. .   208 

the  secession  of,  "  not  an  event  of  a  day  ". 212 

decides  against  slave  protection  in  the  territories 241 

legislature,  necessary  qualifications  for  the 360 

Spratt,  L.  W.,  letter  on  the  slave-trade 362 

"  Star  of  the  West,"  steamer,  fired  on 370 

State  Rights  defined 88 

noticed 92 

Stephens,  A.  H.,  quoted 287 

Swasey,  J.  B.,  quoted 261 

Ten  Eyck, ,  senator  from  New  Jersey 431 

Tennessee,  the  restoration  of xxix 

See  Mississippi  River 130 

"  not  born  of  secession  " 266 

admitted  to  the  Union 274 

appeal  to  the  people  of 451 

Texas,  the  acquisition  of,  considered 127 

The  "  Remembrancer  "  quoted 210 


494  INDEX. 

PAGE 

Tipton,  John.     See  Frankland 269 

Toombs,  Robert,  prefers  the  British  Government 354 

Treason,  what  it  is 205 

must  be  punished 470 

JTrist,  N.  P.,  letter  from  James  Madison 87 

Tyler,  John.     See  Veto-Power 7 

Union,  the  cause  of  the  destruction  of 247 

Vattel,  "  Law  of  Nations."  quoted 15 

Vermont,  nullification  laws  of 98 

Veto-power,  speech  on  the 1 

origin  of  the 2 

in  England 4 

in  France 5 

in  Norway 5 

in  the  American  colonies 6 

Virginia,  resolutions  of  the  legislature  of 176 

ratification  of  the  Constitution  by 226 

receives  the  brunt  of  the  war 392 

Von  Gerolt,  Baron,  address  to  President  Johnson 476 

Wade,  F.,  Senator 255 

Washington,  George,  exercises  the  veto-power 6 

opinion  of  the  Homestead  Bill 21 

message  relative  to  the  Whiskey  Insurrection 114 

exercises  martial  law  during  the  Revolution. 337 

Webster,  Daniel    90-101 

on  the  State  of  Frankland 209 

Wheaton,  Henry,  Reports  quoted 106 

"  Elements  of  International  Law,"  quoted 234 

Wheeler's  History  of  North  Carolina  quoted 266 

Whiskey  Insurrection  noticed  ....    114 

Washington's  message  on 115 

Wigfall,  L.  T.,  senator  from  Texas 208 

"  William  Aiken,"  revenue-cutter,  seized 36*9 

Workingmen  the  strength  of  a  nation 36 

Yulee, ,  senator  from  Florida 133 


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